Kerala High Court Dismisses PIL Against Use Of Star Plates And Flags On Cars Of Senior Police Officers
The Kerala High Court recently dismissed the Public Interest Litigation challenging the display of star plates and the use of flags on the cars of senior police officers. The division bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly observed that symbols and markings are used by the high ranking police officers for the identification purpose by the other police officers and...
The Kerala High Court recently dismissed the Public Interest Litigation challenging the display of star plates and the use of flags on the cars of senior police officers.
The division bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly observed that symbols and markings are used by the high ranking police officers for the identification purpose by the other police officers and other officials on traffic and law and order duty.
"The public may not be affected by using the boards with symbols as permitted under the law by the superior police officers in contemplation of the Rules and the law … Therefore, the public interest raised by the petitioner in the writ petition does not have any force," said the court, while dismissing the PIL.
A Lawyer had filed the Public Interest Litigation seeking quashing of the order issued by the Ministry of Home Affairs, Government of India, in 1987 regarding the display of star plates and use of flags on the cars of Senior Police Officers and the circular issued by the Principal Secretary, Transport (B) Department, Government of Kerala in 1997, regarding the same.
The petitioner also sought for a direction to the State of Kerala; Secretary, Department of Home Affairs; Principal Secretary, Department of Transport; Transport Commissioner, Thiruvananthapuram, and the State Police Chief, Thiruvananthapuram, to report before the Court regarding the issuance of any other subsequent orders and any other circulars issued similar to the above that may be "in violation of and not in conformity with Rule 92A of the Kerala Motor Vehicles Rules, 1989, and Sections 44(1) and (2) of the Kerala Police Act, 2011 and to set aside the same."
The petitioner told the court that he has filed the plea to bring to its notice the invocation of excess authority by the police officials in exhibiting symbols like 'stars' on the name board of the official vehicles, which do not have any legal sanction at all. The exhibition of such stars and symbols to show authority and power is having the effect of VIP culture, it was argued.
Advocate Praveen K. Joy, appearing for the petitioner, submitted before the Court that Rule 108 of the Central Motor Vehicles Rules, 1989 and the Rules 92A of the Kerala Motor Vehicles Rules, 1989, clearly indicate that no motor vehicle shall show a red light to the front or light other than red to the rear, and no motor vehicle other than those specified under the Rules in the manner described against each such vehicle shall exhibit any boards showing the name of the Government or the Government Department or the designation of the officer and use it without the permission of the Government.
The counsel further contended that sub-rule (1) of Rule 36 of Motor Vehicles (Driving) Regulations, 2017, which deals with 'registration plates', makes it clear that no vehicle shall be driven or parked on a public road without displaying registration plates as prescribed by the Act and the rules made thereunder. Furthermore, it is submitted that Sub-rule (3) of Rules 36 is also pressed into service, which specifies that no letter, word, figure, picture, or symbol other than the registration number shall be displayed or inscribed, or written on the registration plates.
It was also pointed out that Section 44 of the Kerala Police Act, 2011 specifies that the State Police Chief may, with the prior approval of the Government, specify the colour, markings, equipment, and accessories to be fitted to every police duty vehicle, keeping in view the need that such vehicles shall be distinctive, exclusive and easily identifiable.
The Court, after considering the contentions raised by both the petitioner and government, observed that Rule 92 of the Kerala Motor Vehicles Rules, 1989, deals with the 'prohibition of exhibiting name boards in motor vehicles' and clause (vi) deals with the vehicles used by the Heads to Central Government, the State Government Departments, Local Self Government Institutions, the Constitutional Authorities and the Statutory Boards etc., and it specifies that they shall exhibit a board each in front and rear bearing the designation of such an officer other than the board showing registration mark of the vehicle.
The Court said that in so far as police vehicles are concerned, it is specified under Section 44 of the 2011 Act that the State Chief may, with the prior approval of the Government, specify the colour, markings, equipment, and accessories to be fitted to every police duty vehicle, keeping in view the need that such vehicles shall be distinctive, exclusive, and easily identifiable.
Furthermore, the Court observed that as per Rule 92A(vii) of the Kerala Motor Vehicles Rules, 1989, it is clear that the vehicle used by the Central and the State Government Departments shall mandatorily exhibit a board each in front and rear bearing the designation of such officer other than the board showing the registration mark of the vehicle.
"Therefore, it can be seen that the display of the designation of the officer at the board is protected under the said clause of Rule 92A of Kerala Motor Vehicles Rules, 1989," said the court.
Furthermore, the Court observed that the order issued by the Central Government in 1987, read with Rule 92A (vii) of Kerala Motor Vehicles Rules, 1989, would clearly indicate that exhibiting the designation of such officer while using the Department vehicle is permitted under the provisions of law and the star used by the superior police officers in their vehicles is in terms with Section 44 of the Act, 2011.
The Court, referring to Motor Vehicle Rules and various notifications, orders and circulars issued by the Central and State Governments and also State Police Chief, opined that exhibiting 'stars' etc. are within the provisions of law.
Therefore, in our considered opinion, analysing the laws discussed above along with the notification/orders/circulars issued by the Central Government/State Government/State Police Chief, we are of the undoubted opinion that the circulars/orders in respect of exhibiting 'stars' etc. are matters within the provisions of law.
Another contention raised by the Petitioner was that by using such boards accompanied with such stars, such designated vehicles are entitled to have a march over the other vehicles on road and therefore, it is in violation of the principles of law laid down by the Apex Court in Abhay Singh v. State of Uttar Pradesh.
Observing that it is true that it was observed thereunder that the red light symbolises power, the court said:
"It was on the basis of the principles of law that the Central Motor Vehicles Rules were amended suitably. But, fact remains, Rule 27 of the Regulations, 2017 deals with the vehicles designated for emergency duties, and those vehicles enumerated thereunder alone is vested with the privilege of the aspects mentioned thereunder"
Regulations, 2017 make it quite clear and evident that only the vehicles designated for emergency duties with appropriate equipment are vested with the privilege prescribed thereunder, said the court.
The Court pointed out that as per the orders, circulars and notifications issued by the Central as well as the State Government and the State Police Chief, clear restrictions are imposed as to the manner in which the Beacon lights are to be used.
"It can also be seen that the Apex Court in Abhay Singh has also taken into consideration the emergency duties that are to be discharged by the police as well as the such other emergency services of the Government Departments and has made certain exceptions to the general findings rendered in the judgment," it said further.
The court also said it is not in dispute that when the vehicles with boards and symbols are not permitted the privileges as is permitted under Regulation 27, of the Regulations, 2017, the high ranking police officers may not have a march over ordinary citizens while using the vehicles on the road.
"But, fact remains, when the police officers are engaged in a serious law and order duty, and to meet up with other emergency requirements, they may have to use the facilities of the roads to protect the interest of the public at large, in preference to the general public," it said.
Observing that there is no public interest involved in the writ petition, the court dismissed the petition.
Case Title: Pavithralal B. R. v. Union of India & Ors.
Citation: 2022 LiveLaw(Ker) 535