Krishna Iyer, J. - (1.) An order draped in relative brevity is sufficient since we are refusing leave to appeal although the issue raised is the vires of a provision.
(2.) After due fulfilment of the obligation for oral hearing, we have considered the impact of two earlier decisions cited by Shri Kacker supposedly striking a note contrary to the judgment under attack but feel free - why, bound - to dismiss the petition for special leave not merely because the High Court is right but because justice to the travelling public - a lost cause on our mad roads - conscientises us to that course.
(3.) Tersely put, the petitioner is the grantee of permits of ply mini-buses as contract carriages and in the grant a condition has been fastened that the vehicle shall not be more than seven years old. Condition No. 18, relating to Mini Buses Contract Carriage Permits, and the source of power, S. 51 (2) (x) read thus: That the vehicle covered by the permit shall be not more than four years old counted from the date of registration at any time during the validity of the permit. 51 (2) The Regional Transport Authority, if it decides to grant a contract carriage permit, may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely:- (x) any other conditions which may be prescribed. 'Four years' have been relaxed to seven years since September 23, 1978, the beneficiaries being the bus owners and the essential victims being the unknown casualities who have no 'poor lobby' power. The State must remember that it has responsibilities, not merely to minibus owners, but also to avoid the daily tragedies on the Indian highways under the lethal wheels of these whirling carriages. Section 51 (2) of the Motor Vehicles Act, 1939, is geared to public safety, not private profit and casts a solemn duty not to be deterred by any pressure except the pressure of social justice to Indian lives moving in buses, walking on roads or even standing on margins. If the top killer - road accident - is to be awarded death sentence, S. 51 and like provisions must receive severe enforcement. In this spirit - although backtracking from 4 - years old models to 7 - years old models - the State imposed Condition 18. This was challenged artfully but unsuccessfully before the High Court and is attacked before us as ultra vires S. 51 (2) of the Act. We will examine briefly the submission to reach the conclusion that more lexical legalism cannot sterilise the sensible humanism writ large on S. 51 (2) (x). If Indian life is not ultra vires Indian law every condition to save life and limb is intra vires such salvationary provision. This perspective of social justice simplifies the problem and upholds the High Court.;