Re: Supreme Court Orders – No Sunfilms Allowed from 4th May 2012
Dear Members,
Ref. SC judgement reg total ban on films used in four wheelers. The judgement was given by Hon Chief Justice S.H.Kapadia, A.K. Patnaik & Swatantrakumar JJ on PIL filed by Avishekh Goenka Vs. Union of India & Anr by CIVIL WP No. 265 of 2011 decided on 27-4-2012 with reference to Motor Vehicles-Window Glass Visibility-Ban on black films on windows.
The petitioner prayed for before the Court to issue a Writ or direction requiring use of such safety glasses on the windows/windshields in vehicles having 100% Visual Light Transmission (for short VLT) only and to that extent , the petitioner challenges the correctness of Rule 100 of the Motor Vehicles Rules, 1989.
The court stated that in face of the language of the Rule, we cannot grant the petitioner the relief prayed for that there should be 100% VLT. This Court cannot issue directions that vehicles should have glass with 100% VLT. Rule 100 of the Rules is a valid piece of legislation and is on the statute book. Once such provision exists this Court cannot issue directions contrary to the provisions of the law. Thus, we decline to grant this prayer to the petitioner.
However, the prayer relating to issuance of directions prohibiting use of black films on the glasses of vehicles certainly has merit.
Rule 100 says the car must have safety glass having VLT at the time of manufacturing 70% for windscreen and 50% for side windows.
Therefore as per ISI standard and MotorVehicles Rules, the car companies are required to manufacture glass of above standard only.
If the glass so manufactured already has the VLT as specified, then the question of further reducing it by any means shall be in clear violation of Rule 100 as well as the prescribed IS.
Unquote
In short no additional films are allowed on the glass which is already manufactured by the above specification in IS and Rule 100.
Therefore, I feel that the judgement says all types of films used in the glass are not permissible and hence to be removed.
Thanks and Regards
Ashok Nair