Hon’ble
Supreme Court recently passed a judgement in case of “Avishek Goenka vs Union Of
India & Anr.” [WRIT PETITION (CIVIL) NO. 265
OF 2011], interpreting Rule 100 of Motor Vehicles Rules, 1989 and
thus prohibiting use of black films on the glasses in Car.
SC, however,
differentiating the word ‘tainted glasses’ and ‘black films’ permitted the manufacturer
of vehicles to manufacture vehicles with tainted glass in following terms:
The manufacturer of the vehicle may manufacture
the vehicles with tinted glasses which have Visual Light Transmission (VLT) of
safety glasses windscreen (front and rear) as 70 per cent VLT and side glasses
as 40 per cent VLT, respectively. No black film or any other material can be
pasted on the windscreens and side glasses of a vehicle. [Para 26]
SC further keeping
in view security reasons left it for the Home Ministry and Police to decide in
respect of the use of black films by VIPs/VVIPs, by observing followings:
Another
issue that has been raised in the present Writ Petition is that certain
VIPs/VVIPs are using black films on their vehicles for security reasons. Even
this practice is not supported by law, as no notification by the competent
authority has been brought to our notice, giving exemption to such vehicles
from the operation of Rule 100 or any of its provisions. Be that as it may, we
do not wish to enter upon the arena of the security and safety measures when
the police department and Home Ministry consider such exemption appropriate.
The cases of the persons who have been provided with Z and Z+ security category
may be considered by a Committee consisting of the Director General of
Police/Commissioner of Police of the concerned State and the Home Secretary of
that State/Centre. It will be for that Committee to examine such cases for
grant of exemption in accordance with law and upon due application of mind.
These certificates should be provided only in relation to official cars of
VIPs/VVIPs, depending upon the category of security that such person has been
awarded by the competent authority. The appropriate government is free to make
any regulations that it may consider appropriate in this regard. [Para
24]
See full
judgement here: