IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3rd DAY OF APRIL, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION NO. 35553 OF 2018 (GM-RES) BETWEEN:
SMT NIREEKSHANA ADVOCATE, M/S. THE LEGAL ATTORNEYS & BARRISTERS NO.7, 2ND FLOOR WALTON ROAD, OFF: VITTAL MALLYA ROAD, BENGALURU-560 001. ... PETITIONER (BY SMT. SUDHA B, ADV.) AND:
1.THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY TO THE GOVERNMENT VIDHANA SOUDHA, DR.AMBEDKAR BEEDHI, BENGALURU-560 001.
2.THE HONBLE MINISTER OF TRANSPORT GOVERNMENT OF KARNATAKA ROOM NO.301-A, 3RD FLOOR, VIDHANA SOUDHA, BENGALURU-560 001.
3.THE COMMISSIONER OF TRANSPORT 1ST FLOOR, A BLOCK, TTMC BUILDING, SHANTHI NAGAR, BENGALURU-560 027.
4.THE INSPECTOR GENERAL OF POLICE & COMMISSIONER OF POLICE-TRAFFIC BENGALURU CITY, NO.5, 2ND FLOOR TRAFFIC HEAD QUARTERS INFANTRY ROAD, BENGALURU-560 001.
5.THE PRESIDENT AUTO DRIVERS UNION 9TH MAIN ROAD, CAUVERI NAGAR BANASHANKARI, BENGALURU-560 070.
(BY SRI D.NAGARAJ, AGA FOR R1 TO R4) ---
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R1 TO 3 TO FORMULATE GUIDE LINES AND IMPLEMENT THE SAME IN ACCORDANCE WITH LAW AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER In this writ petition, the petitioner has prayed for:
(i) A writ of mandamus or any other appropriate writ order or direction, directing the Respondents 1 to 3 to formulate guide lines and implement the same in accordance with law.
(ii) Direct the Respondents 1 to 3 to cancel the license of the erring drivers against whom the complaint have been received under due process of law.
(iii) Direct the Respondents 1 to 3 to formulate a scheme to adopt the GPS system and C.C.T.V Cameras in all the vehicles to circumvent latches or committal of crime.
(iv) Direct the Respondents 1 to 3 to formulate, implement and monitor by a flying squad the whereabouts of auto rickshaws on regular intervals, impose the fine on Auto drivers whoever refuses to take the passengers for first two times and driving license is cancelled if it continues.
(v) Direct the Respondents to establish awareness centers at convenient places preferably within the local police stations, make it compulsory to register all auto- rickshaw in the said center and impart awareness/training programs at regular intervals say once in a month by a senior officers or through NGOs or volunteers regarding the Traffic rules and behavioral science:
(vi) Grant such other order/s as this Hon’ble Court may deem fit to grant in the interests of justice.
2. It is submitted by the learned counsel for the petitioner that the respondents 1 to 3 are to be directed to impose fine on the auto drivers who refuse to take the passengers for the first two times and driving license should be cancelled. It is further prayed that in order to ensure safety of the general public, GPS system should be adopted and C.C.T.V. cameras must be installed in all the vehicles.
3. We have heard the learned counsel for both the parties. Since, it is a policy matter, it is for the respondents to consider plea raised by the petitioner in the writ petition and to take suitable steps in the matter.
4. Ordering accordingly, writ petition is disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE HR