Chief Justice B R Gavai Dismisses PIL Against Bus Overcrowding, Urges Petitioners To Approach Government
Chief Justice of India B R Gavai, known for his candid remarks from the bench, drew national attention again on Thursday, October 16, after dismissing a Public Interest Litigation (PIL) seeking judicial intervention to control overcrowding in public and private buses. The petition requested the Supreme Court to issue guidelines and directions to curb excessive passenger and goods loading, referencing annual fatalities and revenue loss due to non-compliance with the Motor Vehicles Act and related rules.
Petitioner’s Plea and Court’s Response
The PIL, filed by advocate Sangam Lal Pandey, cited government statistics to highlight thousands of annual deaths and injuries resulting from bus overloading, especially during festival seasons when vehicles often exceed their sanctioned carrying capacities. In addition, the petition raised concerns about unauthorized goods transport in passenger buses, government revenue losses, and safety violations. Despite the gravity of these issues, the Chief Justice made it clear that such matters are best resolved by government authorities rather than the courts.
Gavai’s Clear Message
Rejecting the PIL, CJI Gavai stated unequivocally: “There are other organs of the Constitution that look into these issues. You cannot come to the court for everything; first, go to the government with your grievances.” He emphasized the constitutional separation of powers and the need for petitioners to seek remedies directly from the executive before approaching the judiciary. Gavai’s remarks highlight the judiciary’s careful approach to not overstep its mandate where other branches have clear jurisdiction.
Record of Overcrowding Dangers
As festival season approaches, overcrowding and excessive cargo in buses are often reported across India. The National Crime Record Bureau (NCRB) notes thousands of deaths and injuries each year attributable to overloaded passenger vehicles, with many incidents resulting from roof-mounted goods and disregard for safety limits. Enforcement of statutes like the Motor Vehicles Act, 1988 and accompanying rules remains inconsistent, prompting repeated public calls for stricter oversight.
The Bigger Picture
Chief Justice Gavai’s latest statement reinforces the principle that while the courts are the guardians of constitutional rights, certain administrative and enforcement actions must originate from other government organs, especially given the scale and complexity of transportation safety issues. Debate continues over how best to resolve such challenges in India’s dynamic public transport sector.
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