The Supreme Court Tuesday said that red beacon lights with or without flashers would be used only on the vehicles of high constitutional dignitaries and blue or multi-coloured beacon lights will be used only on emergency services and police vehicles.
The court said that though the use of signs and symbols of authority such as red lights, etc., is contrary to the constitutional ethos and the basic feature of republicanism, but it felt that it was not for it to exclude the constitutional functionaries from the ambit of "high dignitaries" as framers of the constitution felt so.
A bench of Justice G.S. Singhvi and Justice C. Nagappan said: "The term 'high dignitaries' used in proviso (iii) to Rule 108(1) of the Central Motor Vehicles Rules, 1989 takes within its fold the holders of various posts, positions and offices specified in the Constitution."
The motor vehicles carrying "high dignitaries" specified by the central and state governments may be fitted with red light with or without flashers which would be used only while the specified high dignitary is on duty and not otherwise, the order said.
The court however stressed that the "use of red lights on the vehicles carrying the holders of constitutional posts will in no manner compromise with the dignity of other citizens and individuals or embolden them (constitutional authorities) to think that they are superior to other people, more so, because this distinction would be available to them only while on duty and would be co-terminus with their tenure".
Pronouncing the order, Justice Singhvi said: "The contemptuous disregard to the prohibition by people in power, holders of public offices, civil servants and even ordinary citizens is again reflective of 'Raj Mentality' and is antithesis of the concept of a republic."
Pointing out that there was an "abysmal failure on the part of the concerned authorities and agencies" to check misuse of the vehicles with red lights on their top, the court said that "a large number of persons are using red lights on their vehicles for committing crimes in different parts of the country and they do so with impunity because the police officials are mostly scared of checking vehicles with red lights, what to say of imposing fine or penalty".
The court further said that multi-toned horns would only be used on the emergency services ambulances and fire tenders and police vehicles.
No motor vehicles except ambulances, fire-fighting vehicles, those engaged in salvage operation, operators of construction equipment vehicles or those used by police and officials of Motor Vehicles Department would be fitted with multi-toned horns, the court ordered.
The court said that all the vehicles which are not permitted to have multi-toned horns under the Central Motor Vehicles Rules, 1989, "shall, within a period of one month from today, remove the multi-toned horns" and the officers authorised to enforce it "shall also ensure that multi- toned horns are removed from all the (such) vehicles".
"The possible remedy to curb the menace of use of multi-toned horns is to impose exemplary fine on the violators and ensure its rigorous enforcement by the concerned authorities and agencies," the court said.
The court's order came as it addressed the questions whether the Constitution contemplates categorization of citizens into two groups and whether the use of beacon lights and insignia by public servants and those holding public office was contrary to constitutional ethos and the basic feature of republicanism enshrined in the Constitution
The court said that though the use of signs and symbols of authority such as red lights, etc., is contrary to the constitutional ethos and the basic feature of republicanism, but it felt that it was not for it to exclude the constitutional functionaries from the ambit of "high dignitaries" as framers of the constitution felt so.
A bench of Justice G.S. Singhvi and Justice C. Nagappan said: "The term 'high dignitaries' used in proviso (iii) to Rule 108(1) of the Central Motor Vehicles Rules, 1989 takes within its fold the holders of various posts, positions and offices specified in the Constitution."
The motor vehicles carrying "high dignitaries" specified by the central and state governments may be fitted with red light with or without flashers which would be used only while the specified high dignitary is on duty and not otherwise, the order said.
The court however stressed that the "use of red lights on the vehicles carrying the holders of constitutional posts will in no manner compromise with the dignity of other citizens and individuals or embolden them (constitutional authorities) to think that they are superior to other people, more so, because this distinction would be available to them only while on duty and would be co-terminus with their tenure".
Pronouncing the order, Justice Singhvi said: "The contemptuous disregard to the prohibition by people in power, holders of public offices, civil servants and even ordinary citizens is again reflective of 'Raj Mentality' and is antithesis of the concept of a republic."
Pointing out that there was an "abysmal failure on the part of the concerned authorities and agencies" to check misuse of the vehicles with red lights on their top, the court said that "a large number of persons are using red lights on their vehicles for committing crimes in different parts of the country and they do so with impunity because the police officials are mostly scared of checking vehicles with red lights, what to say of imposing fine or penalty".
The court further said that multi-toned horns would only be used on the emergency services ambulances and fire tenders and police vehicles.
No motor vehicles except ambulances, fire-fighting vehicles, those engaged in salvage operation, operators of construction equipment vehicles or those used by police and officials of Motor Vehicles Department would be fitted with multi-toned horns, the court ordered.
The court said that all the vehicles which are not permitted to have multi-toned horns under the Central Motor Vehicles Rules, 1989, "shall, within a period of one month from today, remove the multi-toned horns" and the officers authorised to enforce it "shall also ensure that multi- toned horns are removed from all the (such) vehicles".
"The possible remedy to curb the menace of use of multi-toned horns is to impose exemplary fine on the violators and ensure its rigorous enforcement by the concerned authorities and agencies," the court said.
The court's order came as it addressed the questions whether the Constitution contemplates categorization of citizens into two groups and whether the use of beacon lights and insignia by public servants and those holding public office was contrary to constitutional ethos and the basic feature of republicanism enshrined in the Constitution