- (1.) This petition has been filed in the form of public interest litigation by Common Cause (A Registered Society) through its Director Shri H.D. Shourie r/o A-31, West End, New Delhi.
(2.) At the risk of Writ Petition, the petitioner sought for the following reliefs: (i) to issue a Writ, direction or order in the nature of mandamus and/or any other writ, direction or order directing the Respondent No.1, in consultation with representatives of the Respondent Nos.2, 3, 4, 5 & 6 and also representatives of other States/UTs :- (a) to set up fully satisfactory procedures of licensing of vehicles and licensing of drivers, for ensuring that the vehicles are fully equipped with all the safety travel requirements, and also ensure that drivers of private vehicles as well as drivers of public vehicles including buses and trucks, are fully trained and are competent to drive the respective types of vehicles, and to also organize high-level training arrangements for the drivers of respective types of vehicles; appropriate procedures should also be ensured for suspension/cancellation of driving licences in the event of any default or for involvement in any accident; (b) to ensure provision of all infrastructural requirements of roads, including signs, signals, footpaths, repairs of roads, and all such other requirements which will help to minimise risks of accidents on the roads; (c) to set up methodology and requirements for undertaking scientific analysis of every accident, for ensuring that similar causes do not recur which can lead to accidents, thereby minimizing the possibilities of accidents; (d) to establish suitable organizations for providing education to all types of users of roads, through experts as well as use of suitably devised visual and audio media; (e) to ensure the availability of ambulances for immediate removal of injured persons to hospitals; (f) to set up Committees of Experts in each State/UT and in the bigger cities for dealing with these various requirements for minimization of accidents on the roads; (ii) to direct Respondent No.1 to formulate a suitable Road Traffic Safety Act to meet effectively the various requirements for minimization of road accidents; and (iii) to pass such other and further orders as may be deemed necessary to deal effectively with the various matters relating to traffic Safety on the roads and minimization of road accidents, on the facts and in the circumstances of the case.
(3.) I had the privilege of going through the erudite judgment prepared by my learned Brother Justice Katju and I respectfully agree with the conclusion reached by my brother Katju that the Writ Petition be dismissed. While coming to this conclusion Brother Katju was of the opinion that the Motor Vehicles Act is a comprehensive enactment on the subject. He was further of the opinion that if there is lacuna or defect in the Act it is for the legislature to correct it by a suitable amendment and not by the Court. I am also of the view that the relief sought for in this Writ Petition is adequately taken care of by the Motor Vehicles Act itself and if there is any lacuna or defect, it is the legislature to correct it by amending the Act and not the Court.;