Failure to Repair Fitness Machines Jeopardizes Public Safety: Chhattisgarh High Court Takes Suo Motu Cognizance

The Chhattisgarh High Court has taken Suo Motu cognizance of a grave public issue concerning the malfunctioning of vehicle fitness testing machines, based on reports published in local newspapers Dainik Bhaskar and Navbharat on August 14, 2024. The matter has been registered as WPPIL No. 62 of 2024, under the title “Machines Are Impaired, Fitness Testing of Vehicles Stalls.”

Background of the Case:

The case emerged from alarming reports that fitness testing machines at automated centers across several districts in Chhattisgarh have been non-functional for over a week. This situation has resulted in thousands of vehicles, including emergency ambulances, being unable to obtain their fitness certifications. The malfunction has caused significant public inconvenience and raised concerns over the roadworthiness of vehicles, which poses a risk to public safety.

The private company, Roving Eye Systems Private Limited, which was awarded the contract for managing these centers in November 2023, has been unable to address the technical issues promptly. The company is responsible for fitness testing in seven districts: Bilaspur, Raipur, Durg, Bastar, Surguja, Korba, and Rajnandgaon. Despite reportedly earning over Rs. 1.5 lakhs per day, the company has failed to repair the machines or provide alternative solutions.

Legal Issues and Court Observations:

The key legal issue revolves around the alleged negligence and lack of accountability by both the private contractor and the concerned government officials. The High Court, comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, expressed serious concern over the disruption of essential public services due to the non-functional testing machines.

The Court noted that the failure to repair these machines and the absence of any alternative arrangements have led to severe hardships for the public. Observing the gravity of the situation, the Court remarked, “The fitness testing of vehicles is a critical process that ensures the safety of both the drivers and the public. Any delay or negligence in this regard jeopardizes public safety.”

In response to the Court’s query, Advocate General Shri Prafull Bharat, assisted by Government Advocate Shri Sangharsh Pandey, informed the bench that steps were being taken to resolve the issue. He mentioned that a new machine had been procured and efforts were underway to restore the functionality of the existing system.

Court’s Directions:

The Court directed the Secretary of the Transport Department, Chhattisgarh, to file a personal affidavit detailing the steps taken to address the malfunctioning machines. Additionally, the affidavit must report on the status of fitness testing facilities across other districts in the state and outline the measures implemented to prevent such issues in the future.

The matter is scheduled for the next hearing on August 27, 2024.

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Parties Involved:

– Petitioner: Suo Motu Public Interest Litigation based on media reports.

– Respondents: 

  – State of Chhattisgarh through various officials including the Chief Secretary and Secretary of the Transport Department.

  – Roving Eye Systems Private Limited, the private contractor responsible for the fitness centers.

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