Supreme Court Stays Kerala HC Order Which Prohibited Use Of Ad-Wrapped Buses For Transporting Sabarimala Pilgrims

In a temporary relief to the Kerala State Road Transport Corporation(KSRTC), the Supreme Court on Monday stayed a direction passed by the Kerala High Court on December 12 that buses wrapped with advertisements shall not be used for transporting Sabarimala pilgrims in Nilakkal-Pamba route.

The High Court had passed the said direction pursuant to an earlier order passed on October 14 that no advertisements should be displayed on the state transport buses.

A bench comprising Justices Surya Kant and JK Maheshwari passed the interim order in the special leave petition filed by the KSRTC against the order passed by the High Court in a suo motu case.

Senior Advocate V Giri, appearing for the Corporation, informed the bench that the KSRTC has formulated a scheme for display of advertisements in a manner which will not cause distraction to the public. Taking note of this, the bench directed the State Government to consider the scheme. Meanwhile, the direction of the High Court was directed to be kept in abeyance.

"Senior Advocate V Giri has submitted suggestions regarding the manner of advertisements to be exhibited in the buses of the KSRTC. It appears to us that the proposed changes require consideration by the State of Kerala. Let notice be issued, returnable on (date to be mentioned in the order). Till then, the direction issued by the High Court in paragraph 11 of the impugned order dated 09.12.2022 be kept in abeyance", the bench stated in the order.

On the last hearing date, the bench had directed the KSRTC to propose a scheme for displaying advertisements. Following that, Giri submitted that a scheme has been proposed.

A few aspects of the new scheme include:

1) No advertisements on the front side and side glasses of the buses.

2) No covering of the back glasses of the buses with advertisements.

3) Statutory indicators at the back side won't be obstructed by advertisements.

The senior counsel submitted that the Motor Vehicle Rules permit such display. He pointed out that that High Court passed the direction in a suo motu case which was initiated after the tourist bus accident in Wadakkancherry in October 2022, which resulted in the death of several school children. The High Court passed several directions against the use of LED lights, horns, DJ sound systems, banners on glasses etc, taking note of such rampant violations in contract carriages.  However, there was no need to pass a direction against the exhibition of advertisements in bus, he argued.

Though a "trickle", Giri submitted that Advertisements fetch a revenue of about 2 crores for the Corporation, every month.

"The High Court has indicated now that there should be no advertisements even on the side body of the bus, which is permissible under the Rules. The state government had granted permission in 2020."

Even the High Court doesn't observe that norms and prescribed rules are not being followed, Giri told the Court.

"..In certain contract carriages, it's not mere advertisements, they use LED lights on both sides. There was a major accident and the High Court took suo motu action. The first order was passed without hearing the Corporation. Thereafter, Corporation was made a party. We said that we have permission, we don't use LED lights...", Giri said while adding that the state counsel may have to come on record. 

"State will support you only ultimately", the Bench remarked.

"State had taken a view before the High Court that LED lights and other distractions should go", Giri apprised the Bench.

KSRTC filed the SLP through Advocate on Record Deepak Prakash.

Case Title: KSRTC Vs State of Kerala | SLP (C) NO. 23478/2022

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