Ads on KSRTC Buses: Supreme Court stays Kerala High Court ban

The Supreme Court on Monday sought the Kerala government's response to a plea by the State's road transport authority challenging a Kerala High Court order calling for action against KSRTC buses that display advertisements [Kerala State Road Transport Corporation vs State of Kerala and ors]..A Bench of Justices Surya Kant and JK Maheshwari issued an interim stay on the directions of the High Court with respect to the use of such buses with ads on the Nilakkal-Pamba route. ."Learned Senior Counsel for the petitioner V Giri has put up a proposal for changes in the `manner and mode of advertisement’, exhibited on the buses of the Kerala State Road Transport Corporation. It appears to us that the proposed changes require consideration by the State of Kerala. Let notice be issued to respondent No.1 – State of Kerala. List on 20.01.2023", the Supreme Court said..The top Court had on Thursday asked the Kerala State Road Transport Corporation (KSRTC) to come up with a mechanism to regulate advertisements displayed on its buses in a phased manner. The Bench had remarked that it was inclined to protect the State body, and listed the matter to be heard next on Monday. .The October 2022 order of the Kerala High Court under challenge was passed by a division bench on 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 High Court Bench had noted that affixing such ads on vehicles causes undue distractions to pedestrians and other drivers, and that it violates the provisions of the Motor Vehicles Act and Rules as well as the Court's directions in Saji KM v Deputy Transport Commissioner.KSRTC's plea contended 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 in State of Rajasthan v Prakash Chand & Ors.The High Court had erred in attributing its own findings to a matter which pertains to public safety and policy, without any authentic supporting material, KSRTC submitted.It was also argued that the order under challenge contravenes the mandate under certain provisions of the Kerala Motor Vehicle Rules and the Motor Vehicles (Driving) Regulations that enable the government to permit advertisements on State transport undertakings.In this regard, it was pointed out that an October 2020 Government Order permits KSRTC to display advertisements on its buses.The plea said that even though the KSRTC lauds "judicial activism" and initiation of suo motu proceedings, huge prejudice is being caused to the Public Sector Undertaking as it is deprived of revenue that helps the public travel at nominal fares..At the last hearing before the Supreme Court, Senior Advocate Giri had submitted that advertisements are a form of revenue and that the practice of placing them on buses has been going on for over 30 years. The Bench was informed that the KSRTC only puts advertisements on the body and the rear side of the buses. The Court had observed that issue was very serious. In response, Giri clarified that the KSRTC does not use LED lights unlike those involved in the Vadakkencherry incident. Giri had added that it would be more prudent to introduce a scheme to regulate such advertisements, while also pointing out that crores of money are earned through such ads. .In this regard, Giri proceeded to present the following proposals of the KSRTC before the Supreme Court: The KSRTC shall constitute a Scrutiny committee consisting of its Managing Director, Chief Law Officer, a senior manager and a technical member, which would scrutinise and assess the advertisements sought to printed on the body of KSRTC buses; The content, colour scheme and other visual values of the proposed advertisement would be scrutinised by this body as per the mandate laid down in the relevant Motor Vehicle Rules and Acts in force; The KSCRTC may fix advertisements on both sides of the vehicle and the rear side, excluding the portions intended for exhibiting the name and address of the owner as per Section 84 (g) of the MV Act; The KSRTC shall not display any advertisement on front of the vehicle and glass, which could curtail the view, as per the law, and visual transmission of light would be ensured; A Grievance Redressal Committee shall set up and an online platform shall be introduced on the KSRTC's official website with respect to the same, where any person aggrieved by advertisements printed over KSRTC buses can file their complaints. The Grievance Committee shall comprise of a retired judge of the High Court of Kerala, among others..[Read order]