“No Red Beacons Or Multi-Toned Sirens”: Kashmir Court Directs Police To Clamp Down On Violators Breaching Motor Vehicle Rules
LIVELAW NEWS NETWORK
20 July 2024 3:55 AM GMT
In an effort to end the misuse of red beacons and multi-toned sirens, the Court of District Mobile Magistrate (Traffic) Sopore in Kashmir has directed the Inspector General (IG) of Traffic Kashmir to form special teams to clamp down on violators.
The directions to this effect were passed by District Mobile Magistrate Sopore Javaid Ahmad Parray by taking suo motu cognisance of the blatant disregard for rules 108 and 119 of the Motor Vehicles Rules 1989 (MV Rules 1989) by bureaucrats, civil servants, and even judicial officers.
Rule 108 restricts the use of flashy red lights, blue lights, and multicolored lighting on vehicles and only specific high dignitaries, as defined by the Central Government or State Governments, are authorized to have these lights.
Similarly Rule 109 mandates that every motor vehicle must be constructed and maintained to be under the driver's complete control at all times. This includes ensuring proper lights and functioning horns that don't distract other drivers.
Referencing the landmark judgement passed by the Supreme Court of India in the case of Abhay Singh vs. State of Uttar Pradesh (AIR 2014 SC 427) the court termed the unpermitted use of red beacons and sirens as a reflection of "Raj Mentality" and antithetical to the concept of a Republic, hence mandating strict enforcement of the MV Rules 1989.
Highlighting SRO 55 of 2014, issued by the Jammu and Kashmir government pursuant to the Supreme Court's directions in the Abhay Singh case which clearly outlines the limited categories of officials authorized to use specific colored lights and sirens the court observed,
“… many Civil Servants, Government Officers, Judicial Officers and in some cases some ordinary citizens are disregarding the prohibition and violating rule 108 and 119 of rules of 1989 with flagrancy, blatancy and impunity and no action is being taken against them by the law enforcing agencies having the remit of booking the violators of these rules and in order to crack whip on the violators of the rules quoted above”.
The Court, dismayed by the flagrant disregard for these rules, has directed the following actions:
- Police officers, including Traffic Police, and Motor Vehicle Department (MVD) officials, were directed to enforce MV Rules 1989 and penalize violators irrespective of their status. This may include removing red beacons and sirens on the spot.
- Special teams headed by Deputy Superintendents of Police (DYSPs) will be formed in Districts Baramulla, Kupwara, and Bandipora to target violators, particularly government officers.
- Deputy Commissioners (DCs) of these three districts must issue directives to their subordinates prohibiting the use of unauthorized lights and sirens. They must also order the removal of any such equipment currently installed on their vehicles.
The Court has ordered strict compliance from IG Traffic Kashmir, DIG North Kashmir, and the Deputy Commissioners.
“… Non-compliance of these directions shall make the officers liable for contempt of this court”, the court ordered while posting the matter on August 15th, 2024 for further review
Case Title: Suo Moto cognizance of the use of red beacons/strobe lights etc. and multi toned sirens in violation of rule 108 and 119 of Motor Vehicles Rules 1989 and directions passed by the Hon'ble Supreme Court in the case of Abhay Singh Versus State of Uttar Pradesh AIR 2014 SC 427.
