No heavy vehicle to be parked or stopped on national highways: Supreme Court

New Delhi: The Supreme Court has said no heavy vehicle should be parked or stopped on any national highway carriageway except at a designated bay, holding that the "safety of a commuter" as an integral facet of "right to live with dignity" under Article 21 of the Constitution.

In its directions to address the systemic flaws at the national highways and expressways, a bench of Justices J K Maheshwari and Atul S Chandurkar said, "The right to life is enshrined under Article 21 of the Constitution is not merely a guarantee against the unlawful taking of life, but a positive mandate upon the State to ensure a safe environment where human life is preserved and valued."

The court underscored the safety of the commuter as an integral facet of the right to live with dignity and a constitutional obligation under Article 21.

Solicitor General Tushar Mehta and amicus curiae, A N S Nadkarni gave suggestions indicating the nature of interim directions that could be considered for being issued during pendency of a suo motu proceedings. 

The bench invoked Article 142 to pass the order in the suo motu case after two tragic highway accidents one, in Rajasthan's Phalodi, where a tempo traveler slammed into a stationary truck and the another one in Telangana's Rangareddy, where a passenger bus collided with a gravel-carrying truck.

In its interim directions, the court said no heavy or commercial vehicle would be parked or stopped on any national highway carriageway or paved shoulder except at a designated bay, lay-bye, or wayside amenity.

The enforcement should be effected through the Advanced Traffic Management System – ATMS real-time alerts to State Police, GPS – timestamped photographic evidence, and integrated eChallan generation, it said.

"These directions must be complied with by the officials and personnel of National Highway Authority of India, State Police, State Transport Department. The District Magistrates of the concerned districts shall set-up a standard operating procedure for this purpose as regards periodical inspections and patrolling by all these authorities," the bench ordered.