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Sun film ban: Apex court slams poor compliance

Says VIPs sidestep the ban and cause major accidents
Last Updated 19 July 2012, 18:42 IST

The Supreme Court on Thursday expressed its annoyance at what it termed minimal implementation of its April 27 order prohibiting the use of tint on glass windows of vehicles beyond permissible limit prescribed by the Motor Vehicles Act.

Revisiting the judgement passed more than two months ago, a bench of Justices A K Patnaik and Swatanter Kumar noted that the roads were filled with cars sporting darkened film on windscreens and the users of these vehicles often cause accidents and go scot-free.

“There is least implementation of this judgment. Nothing is being done even today. It is the middle class who suffer (victimised). The Z-class (VIPs enjoying Z-category security) who commit the accidents, all have black films on them (cars),” the bench observed.

The court noted that even VIPs who were permitted to use tinted film on their vehicles after following due procedure, were exploiting the relaxation granted to them.

The bench was hearing a bunch of petitions filed by sun film manufacturers association and others seeking clarification as well as modification of the apex court’s order banning the use of tinted glass on vehicle windows, terming it a social evil and aid to criminals to escape from the clutches of law.

The verdict was passed on a Public Interest Litigation filed by Kolkata-based Avishek Goenka.
In its judgment, the apex court had said that car manufacturers may produce vehicles with tinted glass having Visual Light Transmission (VLT) of 70 per cent for the safety glass windscreens (front and rear) and 40 per cent VLT for side glass window panes respectively. The order banned the use of dark film of any VLT percentage or any other material on the windscreens (front and rear) and side glass of all vehicles throughout the country.

The court had directed the home secretary and heads of Police Departments in the States to ensure compliance with its directive from May 4.

A number of associations and companies had filed interlocutory applications seeking modification and clarification of the apex court verdict. They claimed that they were not given an opportunity to present their case.

Rules prevail

The bench, however, brushed aside their plea saying, “Please don’t say that, it was your choice not to come (to court).”

“We found that rules were not being followed. We have only interpreted the rules. We have said that law permits glass and nothing else. Your films may be great, but how can we change the rules,” the bench remarked.

Following the arguments, the court reserved its order on the applications of the black film manufacturers.

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(Published 19 July 2012, 13:12 IST)

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