No illegal tinted glass in cars from May 4: Supreme Court

April 28, 2012

Tint_Out

New Delhi, April 28: From May 4, if your car has black film on the front and rear windscreens that blocks light by more than 30% and the tint on the side window panes is more than 50%, then you could be in contempt of court in addition to being prosecuted as per the rules provided under the Motor Vehicles Act.

A bench of Chief Justice S H Kapadia and Justices A K Patnaik and Swatanter Kumar went by the limits prescribed in the MV Act and said anything beyond the visual light transmission (VLT) limit of 70% for the front and rear windshields and 50% for the side windows would be punishable.

The decision came on a PIL filed by Avishek Goenka, who had complained that cars with black film on window panes were being increasingly used for crimes, including sexual assault of women. He said though there was no express restraint on use of black film under the MV Act, it prescribed VLT limits.

Writing the judgment for the bench, Justice Kumar said, "On the plain reading of the rule, it is clear that cars must have safety glass having VLT at the time of manufacturing... In other words, the rule not impliedly but specifically prohibits alteration of such VLT by any means."

It's illegal, but tinted glass windows in cars in the city are a common sight. However, after the Supreme Court banned use of tinted glass beyond the permissible limit, such defaulters are going to have a tough time. Traffic police now intends to intensify the drive against use of tinted glass in vehicles.

There has been a traffic police drive against tinted car windows since last year. However, there has been a lull in the prosecutions this year, with only 9,279 such prosecutions till April 15 this year. Last year, for the same period, there had been as many as 30,582 prosecutions. Cops claim that better compliance has resulted in lower prosecutions.At present, car owners who are found not following the permitted percentage set for tinted glass have to either hand in their registration certificate or their driving licence along with the usual Rs 100 challan slapped on defaulters. "A notice is also issued to them by traffic police and the defaulter has to report to the area traffic inspector where the violation was recorded within 72 hours for inspection of the vehicle.

If the directions are not followed, the matter will be forwarded to the court," said joint commissioner of police (traffic) Satyendra Garg. As per the permissible limit there should be at least 70% transparency in the film on the front and rear windows while 50% transparency is required on the side windows."Usually, since the fine is just a meagre Rs 100, which is nothing compared to the money spent on films (ranging from Rs 700 to Rs 14,000 for the more fancy ones that protect from UV rays), it is not much of a deterrent to defaulters who continue to travel in the tinted vehicles. We hope that the stricter action will make the defaulters mindful of the rules," said a senior traffic police officer.Last year, as many as 45,649 vehicles with tinted glass were booked. "Significantly, a majority of these were repeat offenders, showing that despite being caught, Delhiites are mostly unmindful of the rules," said a senior traffic officer. This year, in a drive started on March 27, about 2,064 offenders have been booked till April 26.

Of them, 999 vehicle owners were made to remove the tinted film on the spot.The "Rules of Road Regulations, 1989" framed by the central government under Section 118 of the Motor Vehicles Act state that, "A driver of a motor vehicle and every other person using the road shall obey every direction given, whether by signal or otherwise, by a police officer or any authorized person for the time being in charge of the regulation of traffic." Under the rule, even a traffic constable has the power to issue notice to the defaulter, said traffic police. Tinted glass in vehicles has been a major source of concern for women's security as well as criminal activities. Delhi Police had earlier sent a proposal to the Union home ministry to amend the Motor Vehicles Act to enhance fines on use of tinted glass. The amendment is expected to increase the fine to a minimum of Rs 500. Tinted car windows have helped criminals especially in cases of rape and murder.

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November 12,2024

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The Taliban regime has appointed Ikramuddin Kamil as the acting consul in the Afghan mission in Mumbai, Afghan media has reported.

It is the first such appointment made by the Taliban set up to any Afghan mission in India.

There was no immediate comment from the Indian side on the appointment that came.

The Ministry of Foreign Affairs of Afghanistan has announced the appointment of Kamil as the acting consul in Mumbai, the Taliban-controlled Bakhtar News Agency reported on Monday, citing unnamed sources.

"He is currently in Mumbai, where he is fulfilling his duties as a diplomat representing the Islamic Emirate," it said.

The appointment is part of Kabul's efforts to strengthen diplomatic ties with India and enhance its presence abroad, the media outlet said

Kamil holds a PhD degree in international law and previously served as the deputy director in the department of security cooperation and border affairs in the foreign ministry, it said.

He is expected to facilitate consular services and represent the interests of Afghanistan in India, the report added.

Kamil's appointment comes days after the external affairs ministry's point-person for Afghanistan held talks with the Taliban's acting defence minister, Mullah Mohammad Yaqoob, in Kabul.

Sher Mohammad Abbas Stanikzai, the Taliban's deputy foreign minister for political affairs, also posted on X about Kamil's appointment.

The appointment of Kamil is seen as part of efforts to facilitate consular services to the Afghan population in Mumbai.

There has been almost negligible presence of diplomatic staff at the Afghan missions in India.

Most of the diplomats appointed by the Ashraf Ghani government have already left India.

In May, Zakia Wardak, the seniormost Afghan diplomat in India, resigned from her position after reports emerged that she was caught at the Mumbai airport for allegedly trying to smuggle 25 kg of gold worth Rs 18.6 crore from Dubai.

Wardak had taken charge as the acting ambassador of Afghanistan to New Delhi late last year, after working as the Afghan consul general in Mumbai for more than two years.

She took charge of the Afghan embassy in New Delhi last November, after the mission helmed by then ambassador Farid Mamundzay announced its closure.

Mamundzay, who was an appointee of the Ghani government, had moved to the United Kingdom.

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November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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