A Division Bench comprising Justice Anil K. Narendran and Justice Muralee Krishna S. was hearing suo motu writ petitions concerning road safety and enforcement of the provisions of the Central Motor Vehicles Rules and applicable safety standards.

The court directed the Enforcement Wing of the Motor Vehicles Department and the Police to ensure strict compliance with its earlier directions.

The court took particular note of a report submitted by the Transport Commissioner, Kerala, concerning a Mahindra Thar Jeep. The vehicle had been fitted with six additional lights. According to the report, a consolidated fine of Rs 5,000 was imposed for the six additional lights, apart from a Rs 2,000 fine for a Pollution Under Control-related violation.

The Bench observed that the enforcement action did not conform to its earlier directions. It noted that, despite repeated orders, the Enforcement Wing was imposing only Rs 5,000 on a vehicle fitted with six unauthorised additional lights. The court had earlier directed that a fine of Rs 5,000 should be imposed for each unauthorised alteration, including multi-coloured LED lights, neon lights, laser lights, flashlights, strobe lights and flashing neon/LED name boards.

The court also expressed concern over the continued use of vehicles whose wheels project laterally beyond the protection provided by the vehicle body, wings or protective covers. Such modifications can cause mud or water to be thrown onto cyclists, two-wheeler riders and pedestrians, the court noted.

“We notice that no action is taken by the Enforcement wing of the Motor Vehicles Department or Police against vehicles used in public place with the wheels projecting laterally beyond the protection afforded by the body of the vehicle or its wings or protecting cover, which catch mud or water thrown up by the rotation of the wheels, posing a potential threat to the safety of riders of bicycles and two-wheelers as well as pedestrians. This is evident from the fact that Mahindra Thar Jeep bearing Reg.No.KL 03/AG-5155, against which an e-Challan was generated on 11.03.2024, which is still pending, is again used in public place with unauthorised lights and other fittings, posing serious threat to the safety of other road users.” the Court noted.

It pointed out that no action appeared to have been taken by the Enforcement Wing or Police against such vehicles. The Bench cited the same Mahindra Thar, against which an e-Challan had been generated as far back as March 11, 2024, and observed that the vehicle was still being used on public roads with unauthorised lights and other fittings, posing a serious threat to other road users.

The Court reiterated that only lighting, light-signalling devices and retro-reflectors specifically permitted under the Central Motor Vehicles Rules and relevant Automotive Industry Standards can be installed on motor vehicles. It relied on the Supreme Court's ruling in Avishek Goenka v. Union of India [(2012) 5 SCC 321] and its own earlier order, holding that what is not specifically provided for in the statutory rules and safety standards is deemed to be excluded.

The Bench had earlier also taken note of videos uploaded on YouTube showing vehicles openly fitted with red-blue strobe lights, auxiliary lights mounted above headlights, multi-colour fog lamps, modified retro-reflectors, wheel spacers, wide tyres and aftermarket exhaust systems with "flame-kits". The court had observed that such modifications could pose safety risks to drivers, pedestrians and other road users.

The Court also took note of a video featuring a vehicle assembled for off-road use using parts of different vehicles. The court had noted that the video was posted during the prevailing flood situation in Kerala and appeared to seek public support for permission to use vehicles that did not comply with the requirements of Rule 96 of the Central Motor Vehicles Rules in public places.

The Court noted that there are vehicles with the Kerala Police without any unauthorised alterations, or fittings which had been effectively used during the flood situation. The Court brought attention to Force Gurkha Jeep used by the Kerala Police, which has snorkel with raised air intake system up to the roof to support its point.

In an earlier report placed before the court, the Transport Commissioner stated that intensive enforcement drives had been conducted across Kerala, during which action was taken against vehicles using spotlights, unauthorised coloured or music lights, modified headlamps, unauthorised auxiliary lighting and other retrofitted parts. The report recorded 8,167 vehicles checked and 2,092 offences, with fines totalling Rs 1,41,59,120.

The court has now directed the Enforcement Wing and Police to strictly comply with the directions contained its November 21, 2025 order. The matter is posted for further consideration on September 7, 2026, with the State indicating that a further report of the Transport Commissioner would be placed before the court.

Case Title: Suo Motu v. Union of India and Ors. and connected case

Case No: WP(C) 25158/2024 and WP(C) No. 25129 of 2024