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If traffic cops found talking on mobile phones, browsing while on duty then Public can file complaint: Kerala HC

07 May 2024 8:19 AM

By: Admin


D.D:02-08-2022

Tuesday, the Kerala High Court ordered the Police Commissioner of Kochi to take action against traffic police officers found to be using their mobile phones while on duty, unless they are making emergency or official calls [Aboobacker KA & Ors. v Joint Regional Transport Officer].

Justice Amit Rawal observed that traffic cops are frequently observed scrolling on their phones while on duty, so he ruled that anyone who witnesses this behaviour can file a complaint.

"The Police Commissioner is instructed to inform all traffic cops to be vigilant, as it has been discovered that the majority of them are constantly on their mobile phones while on duty. In its order, the court stated that if a traffic officer is caught talking on the phone, except for official or emergency calls, or browsing the internet on a mobile device while on duty, anyone observing this behaviour is permitted to upload a video of the incident to the telephone numbers listed above and file a complaint.

The Court ordered the establishment and publicization of two toll-free numbers for the filing of such complaints as well as any complaints regarding traffic violations.

"Two toll-free telephone numbers should be painted/affixed or posted in all stage carriage vehicles and auto rickshaws so that passengers can file complaints if any of the drivers of transportation buses, etc. violate the law. Upon receiving such a complaint, the police would take action in accordance with the law following an appropriate investigation "the stated order.

The order was issued in response to a petition filed by a group of auto-rickshaw drivers challenging certain restrictions placed on the number of vehicles permitted to operate in the city of Perumbavur in Ernakulam.

Even though the Court denied the petition, it kept the case open in order to issue regular directives regarding the operation of private buses and autorickshaws in the Ernakulam district.

In a previous order, the court instructed the Police Commissioner and the Regional Transport Authority in Kochi to immediately issue orders prohibiting private transport buses from using horns within the city limits and mandating that they operate only on the far left side of city roads.

The police then informed the court of the measures it had taken to combat traffic violations and raise awareness of the rules.

However, Justice Rawal believes that more awareness must be raised by installing speakers at intersections that play prerecorded voice recordings reminding drivers and carriage operators of the court's directives.

The court also noted that despite its previous order, many stage carriages and bus companies continue to use pressure horns instead of standard horns. It therefore instructed the traffic police to remove pressure horns from all private, official, and autorickshaw vehicles.

In addition, it mandated the installation of "No Horn" or "Silence Zone" signs at specific locations identified by the police in its action taken report.

In addition, the court ordered the police to immediately issue directives to transporters and drivers not to stop for boarding or disembarking passengers except at designated stops, and to prosecute those found in violation.

The order stipulated that if traffic officers fail to ticket vehicles parked on Marine Drive Road despite the presence of a designated parking space nearby, the Police Commissioner should take disciplinary action against the offending officers.

The matter will be heard for compliance on August 31.

ABOOBACKER K.A.& OTH

Versus

JOINT REGIONAL TRANSPORT OFFICER & OTH

Download Judgment

[gview file="http://lawyer-e-news.com/wp-content/uploads/2022/08/02_08_2022-Aboobacker_KA___Ors__v_Joint_Regional_Transport_Officer.pdf"]

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