THIRUVANANTHAPURAM: The Kerala High Court, in the late 199os, had held that unless proper rules are framed or orders or directions issued by competent authorities, the use of the tinted safety glasses should not be restrained by the city police.
A Division Bench had passed the order on an appeal filed by two car owners in the city. The petitioners challenged the validity of Rule 100 and sought a directive to quash the decision regarding the enforcement of the ban of using tinted glasses on motor vehicles.
They also prayed for an order to the state to permit the use of tinted windows on motor vehicles and also prayed for a directive restraining the respondents from insisting on the removal of colour glasses and sun control films on wind screens and windows on vehicles.
The Single Judge had earlier ordered- “The Slate Government is directed to issue necessary instructions to the authorities under the Motor Vehicles Act and to the Police Department to see that motor vehicles registered and plying have wind screens and windows maintained in such a condition as to be clearly transparent and allow the clear vision outside from inside and inside from outside. They must take effective and urgent steps, at the earliest.”
The petition was moved challenging this appeal. The petitioners argued that the single judge did not direct implementation from any particular date, or in any particular manner. But, the authorities decided to enforce prohibition from September 1991.
However, the Division Bench restrained the move of the police and observed that the steps taken by the police were not on the basis of any written or executive order and held that the City Police Commissioner, who had issued certain prohibitions on the use of the tinted glasses, has no direct authority.