Electronic Monitoring To Regulate Over-speeding : Consider Including NHAI In Deliberations, Supreme Court Tells Committee

The Supreme Court bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala, while hearing a plea concerning road safety and prevention of accidents, suggestion including the National Highways Authority of India in the framework for implementing Section 136A, to Justice Sapre, who is the chairperson of the Supreme Court Committee on Road Safety.

Section 136A provides that– "The State Government shall ensure electronic monitoring and enforcement of road safety in the manner provided under sub-section (2) on national highways, state highways, roads or in any urban city within a State which has a population up to such limits as may be prescribed by the Central Government."

At the outset, the amicus curiae in the matter, Advocate Gaurav Agarwal, informed the bench that the issue was state specific and that 15 states contributed to 90% of road accidents. He also highlighted the point raised by the applicant in the matter that many accidents took place on national highways. The court recalled that as per the previous order dated 6th January 2023, a meeting was convened by Justice AM Sapre, chairperson of the Supreme Court Committee on Road Safety. The committee had drawn up a roadmap for taking steps for the implementation of Section 136A of the Motor Vehicles Act. The bench dictated the order as follows :

"One of the suggestions of the petitioners pertains to the need for the inclusion of the National Highways Authority of India in the framework for implementing Section 136A, having due regard to the large number of accidents which take place on the national highways. This aspect may be duly taken note of by the chairperson of the committee so that appropriate directions can be issued for including NHAI within the framework if found necessary."

The petitioner, while highlighting that 60% of accidents took place on national highways and state highways, also requested the court to ensure that State highways are part of the electronic monitoring. To this, CJI DY Chandrachud responded–

"The problem occupies a huge canvas. We are starting somewhere. Justice Sapre has started somewhere by taking 15 most accident prone states. He's not denying. The problem is much wider. But in our efforts to reach everyone, we should not reach out to nothing."

Case Title: S. Rajaseekaran v. UoI And Ors. WP(C) No. 295/2012

Click Here To Read Order