Jharkhand High Court Flags Issue Of Use Of Pressure-Horns And Multi-Tone Horns, Chides State Govt For Laxity

The Jharkhand High Court, while flagging the issue of use of pressure-horns, multi-tone horns, additional modifications to motor vehicles, called out the laxity on the part of the government officials in ensuring that the environmental laws and other laws are implemented in their letter and spirit.

The Division Bench of Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar observed, "We have been repeatedly flagging the issue of use of pressure-horns, multi-tone horns, additional modifications that are rampantly found within the State of Jharkhand which violate Chapter V of the C.M.V.R., 1989 and we are sorry to observe that no concrete steps in this regard have either been taken by the Director General of Police or by the Member Secretary, Jharkhand State Pollution Control Board. Even the provisions of the Flag Code are being violated with impunity."

The Petitioner was represented by Advocate Rajendra Krishan, while the Respondent was represented by Additional Advocate General-II Sachin Kumar.

The Court noted that the report goes to indicate the sordid affairs prevailing in the State of Jharkhand, where there has been complete laxity on the part of the government officials in ensuring that the environmental laws and other laws are implemented in their letter and spirit.

Remarking that it is unfair that the people of the State bear the brunt because of the negligence or the laxity of these government officials, the Court observed, "In the given facts and circumstances, we deem, it appropriate to direct that no vehicle carrying coal/iron ore/gravel/ sand/stone/ grit etc. in the State of Jharkhand shall be permitted to ply on any road unless and until the same is covered with a tarpaulin."

It stated that the Report only suggests that the provisions of law are not being implemented in the State in their letter and spirit.

"Therefore, in this state it is high time that the government officials pull up the socks and put their house in order by ensuring that the environmental laws and the provisions of the Motor Vehicles Act and Rules framed there under are complied with in their letter and spirit......It shall further be ensured that no loudspeaker without permission is permitted to be used after 10:00 PM till 6:00 AM, after all, the right to sleep has now been equated and acknowledged to be a fundamental right", the Court observed.

It thus directed the Director General of Police, all the Superintendents of Police/ District Magistrates within the State of Jharkhand along with the Member Secretary, Jharkhand State Pollution Control Board to file status report on the next date of hearing.

"The Superintendent of Police/District Magistrate concerned shall give the details of the pressure and multi-tone horns that have been removed along with the details of the extra fittings particularly lights and modifications that have been carried out in the vehicles and have been removed at the spot. They shall also give the details of the flag rods that have been removed from the vehicles unauthorizedly using the same....In addition to the above, the Superintendent of Police/District Magistrates shall also give the details of the vehicles that have been prevented/ restrained from using the road that have been found to be carrying coal/iron ore/gravel/ sand/stone/grit etc. and were not found to have been duly covered with a tarpaulin", the Court observed.

The Court reiterated that no vehicle carrying coal/iron-ore/gravel/ sand/stone/grit etc. unless and until covered with a tarpaulin, shall be permitted to be plied on any road within the State of Jharkhand, wheresoever and whensoever.

The Court further passed directions to Central Coalfields Limited and listed the matter for September 01, 2025.

Cause Title: Khushilal Mahto vs. State of Jharkhand

Appearances:

Petitioner- Advocate Rajendra Krishan, Advocate Shubham Mayank, Advocate Pratyush Shounikya, Advocate Manish Kumar, Advocate Aayush Avant Srivastava, Advocate Priya Sahay

Respondent- Additional Advocate General-II Sachin Kumar, Assistant Counsel to Additional Advocate General-II Gaurav Raj, Advocate Richa Sanchita, Advocate Risheeta Singh, Advocate Amit Kr. Das, Advocate Raunak Sahay, Advocate Ujjal Choudhary

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