Public Can Lodge Complaints Against Traffic Cops Found Using Mobile Phones On Duty: Kerala High Court

The Kerala High Court on Tuesday directed the Police Commissioner of Kochi to take action against traffic police officers who were found using mobile phones while on duty.  

Justice Amt Rawal also added that anyone who finds an officer using mobile phones except for emergency or official calls can report the same to the toll-free numbers which will be notified soon. 

"Police Commissioner is directed to sensitize all the traffic cops to be alert as it has been mostly found that they are perpetually on their mobile phones while on duty. In case any of the traffic cops is found indulging into talking except urgent official or emergency calls and browsing the mobile phone while on duty, any person noticing the same can upload the video in the aforementioned telephone numbers and is permitted to lodge a complaint."

The Court was adjudicating upon a petition moved by 18 autorickshaw owners challenging the decision of the Joint Regional Transport Authority preventing them from plying the autorickshaws freely and picking up passengers from any stand.  

The petitioners had moved an application seeking a variation of the terms of the permit issued by the Regional Transport Authority which imposed certain restrictions against plying vehicles to pick up passengers and parking in the city of Kochi. They argued that there were no designated parking places for parking autorickshaws for the passengers to use the facility of the autorickshaws and thereby requested the authorities to change their stand.

However, the Joint Regional Transport Authority rejected this claiming that they had received 22 applications from the owners for variation of the permit to allow any stand within the Perumbavoor Municipality as a parking place.

On enquiry, it was found that roads therein were congested and numerous vehicles were allowed to park and ply inside the municipality. Therefore, the Municipality had decided not to allow new permits for autorickshaws within Perumbavoor.

When the case was taken up earlier, the Court had noted that the impugned permits were of 2014, and held that there could not be any changes in the condition now. Meanwhile, it was brought to the attention of the Judge that many autorickshaws being plied in Ernakulam and other districts did not follow the traffic rules.

As such, several directions were issued in the matter.

When the case was taken up on Tuesday, the Court recorded the progress made so far and noticed that despite the order, many stage carriages and transport bus operators are still using the pressure horns which have been installed at the extreme right side of the vehicle with a joy stick. They are impelled to use the same instead of a normal horn in case of any necessity which would be arduous for the local police to overcome such problems. 

Therefore, it was held that the ongoing awareness programme should be widely circulated through advertisements on radio channels operating in and around Kochi or by installing a speaker on the junctions with traffic lights a pre-recorded voice, so that the transporters, drivers of the stage carriage and auto rickshaws drivers will be sensitized in preventing the noise pollution and violation of the traffic rules.

The matter will be heard next on August 31 for compliance.

Other Directions Issued: 

(i) Traffic Police is directed to ensure that all the owners of the transporters have removed the facility of pressure horns from all the private, official transports and auto rickshaws.

(ii) Two toll-free telephone numbers should be painted/affixed or be notified in every stage carriage vehicles and auto rickshaws for lodging complaints by the passengers, in case any of the drivers of the transport bus etc indulge in the violation. Upon receipt of such complaints, the police would take action in accordance with law after due verification.

(iii) It has also been noticed that auto rickshaws and bus operators stop at their convenience for taking up the passengers and not at the dedicated stops. Traffic Police is directed to issue directions to the transporters and further directions to drivers not to stop for alighting or taking the passengers except at the dedicated stops, failing which violators should be dealt with in accordance with law.

(iv) Auto-rickshaws may be sensitized not to turn immediately on the right turn side without looking at the back-view or side mirror. It has been found that few of the auto rickshaws are lacking the facility of the back-view or side mirror, which is very essential for driving. Police Commissioner is directed to ensure that all the auto-rickshaws/buses are equipped with side view and back-view mirrors.

(v) Police Commissioner is directed to sensitize all the traffic cops to be alert as it has been mostly found that they are perpetually on their mobile phones while on duty. In case any of the traffic cops are found indulging in talking except urgent official or emergency calls and browsing the mobile phone while on duty any person noticing the same can upload the video in the aforementioned telephone numbers and be permitted to lodge a complaint.

(vi) Traffic Police is directed to challan the vehicles parked on the Marine Drive Road when there is sufficient parking place in the ground as parking space has already been awarded to a contractor and in case such action is not taken, the Police Commissioner will take disciplinary action against the erring police officials who are not following the rules.

(vii) Sign boards of 'No Horn' or 'Silence Zone' should be installed within three weeks at already identified places noticed in the action taken report.

Advocates P.M. Saneer and P.A Shaji Samad appeared for the petitioners in the case.  

Case Title: Aboobacker K.A & Ors. v. Joint Regional Transport Officer & Anr. 

Citation: 2022 LiveLaw (Ker) 399

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