The Supreme Court has ruled tourist operators cannot keep the luggage on the roof of the buses as it would imperil the life and safety of passengers.

A bench of justices G S Singhvi and H L Dattu in a judgement rejected the argument of transporters that restrictions imposed on storing the luggage at the top was violative of the fundamental right guaranteed to a citizen for carrying out an occupation without restriction.

The apex court passed the judgement while dismissing appeals filed by transporters challenging Rule 128(9) of the Central Motor Vehicles Rules, 1989, that no luggage could be carried on the roof of the vehicle.

The argument of the petitioners is that the prohibition to carry luggage of the passengers on the roof of the vehicle is an unreasonable restriction and, therefore, violative of Article 19(1)(g) of the Constitution. "In our view, the restriction imposed by the Rule is a reasonable restriction keeping in view the safety of the passengers in a tourist vehicle.Therefore, the Rule cannot be said either arbitrary or unreasonable or violative of Article 19(1)(g) of the Constitution.," Justice Dattu writing the judgement said.According to the Rule, transporters could only provide luggage space at the rear or the sides of a tourist vehicle