KSRTC Challenges Kerala HC Order in SC Over Advertisement

KOCHI:
State-owned Kerala State Road Transport Corporation (KSRTC) has approached the Supreme Court challenging an order of the Kerala High Court that directed the officers of the Motor Vehicles Department and the State Police to take action against KSRTC buses that exhibit advertisements.

The October 2022 order of the Kerala High Court that has been challenged was passed by a division bench on the suo motu proceedings initiated by it in the wake of the Vadakkencherry bus accident in which nine persons, including five school children died and over forty persons were injured.

The special leave petition (SLP) moved by KSRTC said that the division bench had not placed the matter before the Chief Justice of the High Court to assign it to the appropriate bench, thereby violating the procedure laid down by the Supreme Court.

The High Court bench had noted that affixing such ads on the bodies of vehicles causes undue distractions to pedestrians and other drivers, and violates the provisions of the Motor Vehicles Act and Rules as well as the Court’s directions.

However, the KSRTC in its appeal said that the High Court erred in attributing its own findings to a matter which pertains to public safety and policy, without any authentic supporting material.

“In all the major cities buses are carrying advertisements in its body and all over the world public and private buses carry different types of pictures or inscriptions in the body of the buses. There is no scientific data available to show that advertisement in the body of the bus creates distraction to the pedestrians, cyclists and drivers of other buses, no experts conducted any study or submitted any report before the Hon’ble High Court in this regard,” read the appeal.

It was contended that the advertisements on its vehicles have been approved by the State government and generate approximately Rs 1.5 crore per month, which in turn helps the public to travel at nominal fares.