SC rejects plea to create panel to check sunfilm removal

Twenty months after banning the use of sunfilm on windows and screens of vehicles, the Supreme Court on Friday rejected a plea for creating an authority to monitor and implement its order.

The judges reasoned that it was impractial for them to implement their order or to become a “super cop”.

In April 2012, the court had prohibited the use of sun film on windows and screens, reasonsing that it was a social evil and helped criminal escape from law enforcers.
In a PIL filed by Kolkata-based Avishek Goenka, the court had also relied on provisions of the Motor Vehicles Rules 1989 and passed the order.

In a fresh application, Goenka, the petitioner, approached the apex court, seeking the creation of an independent authority headed by a retired judge to make sure the court’s judgment is being implemented.

“Do you think the Supreme Court can enforce it? I don’t think so. At least, I am sure we can’t do it,” said Justice A K Patnaik, during the hearing.

Justice Patnaik was a part of the bench along with Justice Swatanter Kumar (since retired) that pronounced the order against the use of sunfilm.

Now, sitting in a bench along with Justice F M I Kalifullah, Justice Patnaik expressed helplessness in implementing the order.

He referred to the Yamuna river case in which orders to cleanse the polluted waters could not be enforced.

Notably, for decades, the apex court passed orders for removing waste from the Yamuna, on which an estimated Rs 1,000 crore has been spent. “I feel, Supreme Court cannot clean Yamuna,” said the Justice Patnaik on Friday.

“People responsible for implementing should do it. Don’t convert Supreme Court into super cop. Go and approach the proper authority, they will take an appropriate action,” the bench told Goenka.

However, Goenka persisted by pointing out many offences, including two recent rape cases in Kolkata, that were allegedly committed while using vehicles with tinted windows. Goenka also said that in the name of VIP security, many vehicles were allowed to retain sunfilm.

“We are not inclined to appoint any such authority or retired judge to oversee the implementation of the judgment. It is for all authorities concerned of different states to enforce directions against pasting of black films on vehicles’ glasses,” the bench said, rejecting the application.