Kerala High Court Calls For Strict Action Against Unauthorised Use Of National And State Emblems On Vehicles

The Kerala High Court on Tuesday directed the police and the Enforcement Wing of Motor Vehicles Department to take strict action against the unauthorised use of national and state emblems as well as government boards on vehicles. 

The division bench of Justice Anil K. Narendran and Justice P.G. Ajithkumar said many vehicles ply in the state carrying the name board 'Government of India', 'Government of Kerala', 'Kerala State', 'Government Vehicle', etc. to mislead the Police, the Enforcement Officers of the Motor Vehicles Department, by giving an impression that the vehicles are owned by a government department.

"Persons in such vehicles are pretending as if they are Government servants and they are misusing such name boards to escape from the checking of vehicles by Police and Enforcement Officers of the Motor Vehicles Department and to avoid payment of toll at the toll booths and also the restrictions regarding parking or entry of vehicles," the court said. 

The Court added that unauthorised name boards are exhibited on motor vehicles owned by Co-operative Societies registered under the Kerala Co-operative Societies Act, 1969; Societies registered under the Societies Registration Act, 1860; the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955; etc and even on vehicles owned by Non-Governmental Organisations (NGOs), Public-Private Partnerships. The court said the same is violation of Rule 92A of the Kerala Motor Vehicles Rules. 

The bench observed that in Principal, Sabari PTB Smaraka H.S.S. v. Additional Registering Authority and others, it has been laid down that the use of emblem and display of flag shall be permitted only on vehicles carrying the constitutional authorities and other dignitaries specified in Part I and Part II of Schedule II of the State Emblem of India (Regulation of Use) Rules, 2007, the dignitaries specified in clauses (1) to (7) of Paragraph 3.44 of the Flag Code of India, 2002.

"The 'Official Emblem of the State Government', after incorporating the 'State Emblem of India' or any part thereof, shall not be displayed on a motor vehicle, other than a vehicle carrying the constitutional authorities specified in Part II of Schedule II of the said Rules," it added.

The Court also referred to Section 171 of the IPC. 

"Section 171 of the Indian Penal Code, 1860, which deals with wearing grab or carrying token used by public servant with fraudulent intent. As per Section 171, whoever, not belonging to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both."

Therefore the Court asked that the Police and the Enforcement Wing of the Motor Vehicles Department to take stringent action against those who openly flout the prohibitions contained in the provisions. 

It is for the Police and the Enforcement Wing of the Motor Vehicles Department to take stringent action against those who openly flout the prohibitions contained in the statutory provisions referred to hereinbefore, the court said. 

Case Title: Suo Motu v. State of Kerala 

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