2 HC benches issue notices to govt on rising accidents
Jaipur/ Jodhpur, Nov. 5 -- After the deaths of at least 28 people in two separate road accidents only a day apart, both the Jaipur and Jodhpur benches of the Rajasthan high court on Tuesday took cognisance of a rapid rise in such accidents and issued a notice to the state government.
The first one is a suo motu cognisance taken by the Principal Bench of the Rajasthan high court on Tuesday on the issue while it asked the state and central governments to explain what steps have been taken to curb such incidents.
Taking note of several news reports, the division bench comprising justice Dr Pushpendra Singh Bhati and Justice Anuroop Singhi observed: "This court is deeply concerned over the recurring loss of human lives on the roads of Rajasthan, and is appalled by the continuous reports highlighting that a series of accidents has claimed nearly one hundred lives in the last two weeks. The alarming frequency of these fatal accidents calls for an immediate and coordinated institutional response. The court cannot remain a passive spectator when such incidents, avoidable with due diligence and proper regulation, continue to erode the fundamental right to life guaranteed under Article 21 of the Constitution of India."
The bench further said: "Death is inevitable, but the misery caused by untimely death is not only an irreparable loss to the family but also a direct diminution of the nation's collective strength. The growing insensitivity of certain segments of society towards such tragic incidents appears to have permeated even into the functioning of regulatory authorities, who are expected to remain vigilant and conscious of these grave issues."
The court noted that while a public interest litigation (PIL) may not be the final solution to the problem, "the time has come for the nation to think and ponder over the loss of untimely lives, which is causing serious damage to the fabric of society and the strength of the nation."
It added: "Although the attention of this court was initially invited to a particular accident, the events of the recent past compel this court to emphasize the urgent need for the respondents to activate and strengthen the regulatory framework so that effective measures may be undertaken to mitigate the recurring loss of life and suffering. The right to life, sanctified under Article 21 of the Constitution of India, casts a corresponding duty upon the state to proactively safeguard this right, especially in situations where regulatory mechanisms have failed to respond with the requisite promptitude. It is of grave concern that while the nation places immense value on its human resource, widespread apathy and negligence among citizens regarding public and road safety continue to magnify societal anguish. This court was approached with a narrow grievance; however, the facts placed before it reveal a broader systemic issue that warrants judicial attention and direction."
Issuing directions, the bench said: "We direct Additional Solicitor General Bharat Vyas, with Vivek Shrimali, representing the Union of India; Additional Advocate General (AAG) N.S. Rajpurohit, representing the Medical and Health Department and Revenue Department; AAG Rajesh Panwar, representing the Public Works Department and Local Bodies; AAG B.L. Bhati, representing the Home and Transport Department; and advocate Vinay Kothari, representing the National Highways Authority of India, to file their preliminary responses detailing the steps taken for better regulation and mechanisms to reduce the pain and misery caused by untimely deaths due to the lack of stringent measures."
The court also appointed advocates Manvendra Singh Bhati, Sheetal Kumbhat, Aditi Moad, Heli Pathak, and Taniya Mehta as amicus curiae to assist the court.
"The amicus curiae are requested to file a common statement of consensus, along with concrete suggestions, indicating the steps that may be initiated for strengthening the regulatory framework relating to road and public safety," the bench said.
The division bench listed the matter for further hearing on November 13, directing the state authorities and the Centre to submit their responses on measures to improve road safety.
Advocate Rajendra Sharma, who filed the second petition before the division bench of the high court's Jaipur bench, said, "The court took a cognisance of this petition and issued a notice to the state advocate general Rajendra Prasad to file a detailed affidavit on the measures taken by the government so far in terms of road safety. The court will hear the plea on August 6."
The petition will be heard by a division bench presided over by Justice Sanjeev Sharma and Justice Baljinder Singh Sandhu.
According to data compiled by the National Crime Records Bureau (NCRB), drunk driving contributed to 4,201 fatalities out of 10,080 accidents in 2022 in Rajasthan, while 2021 data showed 19 fatalities from drunk driving accidents....
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