Palakkad Bus Accident : Kerala High Court Takes Suo Motu Cognizance, Asks About Fitness Certificate Of Bus

The Kerala High Court on Thursday initiated suo motu proceedings on the Vadakkancherry bus accident.

In the early hours of Thursday, nine people, including five students were killed, and more than 50 others were injured when a tourist bus carrying school children rammed into a KSRTC bus at Vadakkenchery in Palakkad District.

A Division Bench consisting of Justice Anil K. Narendran and Justice P. G. Ajithkumar initiated the suo motu proceedings and has sought report from the Police Department and the Motor Vehicles Department on the accident. Flashy lights and sound systems, which were banned by the Court, were used in the bus. 

"Who gave the fitness certificate to the bus?", the Court asked. 

The Court has, thereby, directed the Transport Commissioner through Enforcement Officers in Motor Vehicles Department and the State Police Chief through the District Police Chief of the concerned Districts to prohibit the use of contract carriages and other transport vehicles in public places, flouting the safety standards in strict compliance of the directions contained in the previous order passed by the Court on this regard.  

The Court had previously held that the use of high-power audio systems with multiple boosters, power amplifiers, speakers and sub-woofers producing loud noise is legally impermissible in motor vehicles and had observed that the use of high-power audio systems with multiple booster/power amplifiers, speakers and sub-woofers producing loud noise is legally impermissible in a motor vehicle, in view of the provisions under sub-regulations (5) and (10) of Regulation 5 of the Motor Vehicles (Driving) Regulations, 2017 and also the provisions under Noise Pollution (Regulation and Control) Rules, 2000. The Court also added that the mixing up AC and DC power supply for such high-power audio systems with DJ mixer, DJ dancing lights, laser lights, etc., violates safety standards and poses a potential fire hazard to the passengers.

Further, the Court observed that any person who drives, causes or allows to be driven in a public place in such a contract carriage or other transport vehicle shall be proceeded against under sub-section (2) of Section 190 of the Motor Vehicles Act and the driving licence held by the driver of such vehicle shall be forwarded to the licensing authority for disqualification or revocation proceedings under Section 19 of the Act and the certificate of fitness granted to such transport vehicle shall also be cancelled by the prescribed authority, in accordance with the provisions under sub-section (4) of Section 56 of the Act.

The matter has been posted for 10th October for further consideration. 

Case Title: Suo Motu v. State of Kerala & Ors. 

Click Here To Read/ Download The Order