Gujarat High Court Directs Strict Implementation Of 'Helmet Rule', Repair Of Potholes In View Of Upcoming Navratri Festival

While hearing a suo motu PIL pertaining to traffic congestion and its management in Ahmedabad, the Gujarat High Court in an interim direction passed last week, directed the authorities to ensure strict implementation of the 'Helmet Rule' in respect of two wheeler riders and repair potholes on roads in view of the upcoming Navratri festival.

A division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi in its September 27 order said, "As an interim direction, looking to the imminency of implementation of the traffic rules during the upcoming Navratri festival, we require the concerned authority to ensure strict implementation of 'Helmet Rule' and further to complete the patchwork to fill potholes on various streets of the city. To enable the Municipal Commissioner, Ahmedabad Municipal Corporation, to file compliance affidavit of the interim directions, the matter is posted on 04.10.2024". 

The matter arose after a PIL was moved by 20 residents of the city pertaining to the construction of a bridge at Ahmedabad's Panjrapole crossroads which they claimed is leading to reduction of green cover. Thereafter in its August 7 order, the high court had taken a "holistic view of the traffic problems being faced by the denizens of the Ahmedabad city because of poor or inadequate road infrastructure and mis-management of traffic", while directing the initiation of a suo motu plea. 

During the hearing last Friday, various issues pertaining to traffic management in Ahmedabad and filling up the vacancies in the traffic police department were discussed and deliberated at length. Suggestions were made by Amicus Curiae advocate PR Abhichandani and during the hearing it was accepted by all the parties that the efforts made by the State's traffic police department "have not been able to bring any fruitful results to address the traffic problems" in the city.

The bench thereafter said, "No substantial change could be seen in the approach of the commuters inspite of the directions issued for strict implementation of the traffic rules. It is intimated by the learned Advocate General that “Helmet rule” could not be implemented strictly, inasmuch as, violators pay the fine and go away, but fine is not proved to be deterrent and is not working effectively for the approach of the denizens of the city. There is an admission that some more stringent measures are required to be adopted to ensure strict implementation of traffic rules and further technological solutions are also to be explored". 

The orders notes that a consensus that was arrived at was that there is a "need for integration of Artificial Intelligence and Technology tools with the human resources" and also a "strong will" on the part of the "executives" to ensure strict implementation of the traffic rules.

The court noted that poor design of intersections of various roads is also one of the reasons for accidents in the city and identification of "accident blackspots" was also needed.

"In our view, road safety Audit of the city roads, especially intersections, is to be conducted by the experts. One suggestion could be the NGO Save LIFE Foundation, which has recently conducted safety audit of the old Mumbai–Pune highway. Improvisation of the existing city roads with the engagement of the experts is the need of the hour. A Monitoring Committee is required to be constituted to ensure strict implementation of the traffic rules," the bench underscored. 

With respect to Sarkhej-Gandhinagar Highway, the court said that the bottleneck regarding the highway's maintenance between the three authorities is to be removed by conducting High level meetings.

The court further emphasized on the "imminent requirement" of also filling up traffic police force vacancies, noting that the position of sanctioned posts, working strength and the resultant vacancies is to be brought before the court.

Case Title: DHARINI SHAH & ORS. v/s STATE OF GUJARAT & ORS AND

SUO MOTU v/s STATE OF GUJARAT, HOME DEPARTMENT, THROUGH SECRETARY & ORS.

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