Electronic Monitoring To Regulate Overspeeding : Supreme Court Calls For Expert Committee Meeting On Implementation Of Section 136A MV Act

The Supreme Court on Friday heard a plea regarding road safety through electronic monitoring. A bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala asked for a meeting to be convened by Justice AM Sapre, chairperson of Supreme Court Committee on Road Safety to set out an agreed formulation of modalities for implementing the provisions of Section 136A of the MV Act. 

Advocate KC Jain, appearing for the petitioner, submitted that overspeeding was the major cause of deaths on roads and that 70% of deaths were caused by such overspeeding. He thus urged the court to ensure that Section 136A, introduced by the Motor Vehicles Amendment Act 2019, was implemented and roads were electronically monitored to prevent such deaths. 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."

He also drew the attention of the bench to Section 215B of the Motor Vehicle Act, which provides for the constitution of National Road Safety Board which shall render advice to the Central Government or State Government on all aspects pertaining to road safety and traffic management for this purpose.

Advocate Gaurav Agarwal, the amicus curiae in the matter, stated as per the previous hearings in the matter, the then chairperson of the Supreme Court Committee on Road Safety, Justice (retd) KS Radhakrishnan had provided a roadmap to ensure road safety. He added–

"The committee worked as a facilitating mechanism where it came out with its way of how to implement these things in the most acceptable manner to the governments. The general direction of please comply with 136A will not be enough. The committee has to come up with state specific requirements for each state."

Additional Solicitor General Senior Advocate Madhavi Divan suggested an overall online dashboard for collecting data from states. She said–

"This problem crops up when we have to collect information from the states and coordinate with so many states as to what is happening on the ground."

The bench passed the following order

"The MV Act was amended in 2019 so as to incorporate provisions of 136A for electronic monitoring and enforcement of road safety on national highways, state highways, roads and urban cities. The issue now is about ensuring the provisions of Section 136A by drawing out state specific implementation guidelines. This would have to be done in collaboration with State governments. Section 215 contemplates the setting up of Road safety councils and committees at the national, state, and district levels. Having due regard to the legislative framework, it would be appropriate if a preliminary meeting is convened by Justice AM Sapre, chairperson of Supreme Court Committee on Road Safety with the secretary and the Ministry of Road transport and highways, the ASG, and Advocate Gaurav Agarwal, the amicus so that an agreed formulation can be placed before this court for setting out modalities for implementing the provisions of Section 136A. The meeting may be convened preferably in two weeks. The amicus can then report to the court. List in 1st week of February."

CASE TITLE: S Rajaseekaran v UOI | W.P.(C) No. 295/2012

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