2008(3) Supreme 625
SUPREME COURT OF INDIA
Dr. Arijit Pasayat, J.
Maninderjit Singh Bitta —Appellant
Versus
Union of India & Ors. —Respondents
Writ Petition (Civil) No. 510 OF 2005
Decided on 8.5.2008
(2005)1 SCC 679 – Relied upon
Facts of the case:
1. This Writ Petition is purported to have been filed in Public Interest. The prayer essentially is implementation by the State and Union Territories of the judgment of this Court in Association of Registration Plates v. Union of India & Ors. [2005(1) SCC 679].
Finding of the Court:
It is for the States and Union Territories to decide whether there is need for giving effect to the amended Rule 50 and the Scheme of HSRP and the modalities to be followed.
Result: Writ petition disposed of with directions.
JUDGMENT
Dr. Arijit Pasayat, J.—
1. This Writ Petition is purported to have been filed in Public Interest. The prayer essentially is implementation by the State and Union Territories of the judgment of this Court in Association of Registration Plates v. Union of India & Ors.1 By the said judgment terms and conditions of notices inviting tenders from manufacturers for the purpose of implementing Section 41(6) of the Motor Vehicles Act, 1988 (in short the ‘Act’) and Rule 50 of the Motor Vehicles Rule, 1989 (in short the ‘Rules’) were considered. Grievance is made that though in the aforesaid judgment the norms were fixed and the desirability of having the High Security Registration Place (in short the ‘HSRP’) has been nothing concrete has been done. According to the petitioner, in order to curb the growing menace of crime and terrorist activities using motor vehicles as a tool, the Central government came out with a new scheme of HSRP. Accordingly, Rule 50 of the Rules was implemented by the Central Government in exercise of powers under Section 41(6) of the Act read with Section 64(d) of the Act by Notification dated 28.3.2001. Instead of old method of obtaining registration number from the RTO and getting the number plate made from open market, a new system was introduced regulating the issuance and fixing of the number plate. Subsequently, two more notificationsdated 22.8.2001 and 16.10.2001 were issued to make the requirement of the scheme complete. The dispute in the earlier decision related to the terms and conditions of Notices Inviting Tenders (NITs) for supply of HSRP for motor vehicles. The tenders had been issued by various State Governments on the basis of guidelines circulated by the Central Government for implementing the provisions of the Act and the newly amended rules. In paras 10, 11 & 12 it was noted as follows:
“10. The main features of the high security registration plates as provided in Rule 50 and the Order of 2001 are as follows:
1. It provides for a solid aluminium plate.
2. The plate should be suitable for hot stamping and would be a reflective sheet.
3. The plate should bear the letters “IND” in blue colour.
4. It should have a chromium-based hologram which shall also be hot-stamped.
5. There would be a third registration mark which would be self-reflective being a chromium-based hologram sticker and which would be affixed on the windshield of the vehicle.
6. The plate on the rear shall be fastened with non-removable/ non-reusable snap-lock fitting system.
11. The abovementioned features to the high security registration plates have been insisted upon for the following reasons:
1. Hot chromium-based hologram would prevent counterfeiting.
2. The ingress letter “IND” on the plate would secure national identity and standardisation.
3. The laser-etched seven-digit code to be given by the manufacturer to each plate is with a view that there should be a sequential identification of individual registration plates across the country. This would act as a watermark and would not be erasable by any mechanical or technical process.
4. Snap-lock to be fitted on the rear portions of the vehicle would be tamper-proof. Any attempt to remove the plate would break it.
5. The reflective sheet of superior grade would be visible from a minimum of 200 metres.
6. The alphanumeral would be easily readable and identifiable.
7. On alphanumeral border, ingress letters “IND” would prevent painting and screen printing which would act as protection against counterfeiting.
8. The sticker to be affixed on the windshield would have seven-digit laser code containing the engine number and the chassis number. This is so designed as to be self- destructive upon removal.
12. After Rule 50 was amended and the New High Security Registration Plates (Amendment) Order, 2001 was issued in purported exercise of power under Section 109(3) of the Act, the Ministry
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