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2011 Supreme(SC) 1009

2011 (7) Supreme 75
SUPREME COURT OF INDIA
CJI.,S.H. Kapadia, K.S. Radhakrishnan and Swatanter Kumar, JJ.
Maninderjit Singh Bitta — Petitioner
versus
Union of India & Ors. — Respondents
IA No.10 of 2010
in
Writ Petition (Civil) No.510 of 2005
Decided on : 13-10-2011

IMPORTANT POINT
Inordinate delay of years in complying with the orders of the court or in complying with the directed stipulations within the prescribed time, has been viewed by Apex Court seriously and held to be the contempt of court, as it undermines the dignity of the court.

Headnote:Contempt of Courts Act of 1971 -Motor Vehicles Act, 1988 –Section 41(6) read with Rule 50 of the Motor Vehicles Rules, 1989- Issuance of notification by Government of India, introducing a new scheme regulating issuance and fixation of High Security Number Plates- Various States had invited tenders in order to implement said Scheme –Writ Petitions thereagainst- Three Judge Bench dismissed said writ petitions rejecting the challenge made to the provisions of the Rules, statutory order issued by the Central Government and the tender conditions and certain directions were issued for appropriate implementation of the Scheme-Held for years together different States like State of Haryana failed to comply with directions of this Court and implement the scheme- The attitude of State of Haryana and respective officers had been lackadaisical and of wilful disregard- Despite repeated orders they failed to take effective steps and whatever steps were taken the same are not in conformity with law-On the contrary, there was apparent disobedience of orders of this Court and no compliance with the orders of this court, by their completely passive and dormant behavior- This behaviour, besides causing serious problems in the effective implementation of statutory scheme, had even undermined the dignity of this Court and impinged upon the basic rule of law-Secretary, Transport and Commissioner, State Transport Authority of State of Haryana were hence held guilty of wilful disobedience/non-compliance of orders of this Court-Having found them guilty under the provisions of the 1971 Act and under Article 129 of Constitution of India, Secretary, Transport and Commissioner, State Road Transport Authority of the State of Haryana were punished to pay a fine of Rs.2,000/- each and in default, held liable to undergo simple imprisonment for a period of fifteen days-Apart from that exemplary cost of Rs.50,000/- was imposed on the State of Haryana (Paras 7, 14 to 16)

       

ORDER

1. Government of India, on 28th March, 2001, issued a notification under the provisions of Section 41(6) of the Motor Vehicles Act, 1988 (for short, ‘the Act’) read with Rule 50 of the Motor Vehicles Rules, 1989 (for short, ‘the Rules’) for implementation of the provisions of the Act. This notification sought to introduce a new scheme regulating issuance and fixation of High Security Number Plates. In terms of sub-section (3) of Section 109 of the Act, the Central Government issued an order dated 22nd August, 2001 which dealt with various facets of manufacture, supply and fixation of new High Security Registration Plates (HSRP). The Central Government also issued a notification dated 16th October, 2001 for further implementation of the said order and the HSRP Scheme. Various States had invited tenders in order to implement this Scheme.

2. A writ petition being Writ Petition (C) No.41 of 2003 was filed in this Court challenging the Central Government’s power to issue such notification as well as the terms and conditions of the tender process. In addition to the above writ petition before this Court, various other writ petitions were filed in different High Courts raising the same challenge. These writ petitions came to be transferred to this Court. All the transferred cases along with Writ Petition (C) No. 41 of 2003 were referred to a larger Bench of three Judges of this Court by order of reference dated 26th May, 2005 in the case of Association of Registration Plates v. Union of India1 [(2004) 5 SCC 364], as there was a difference of opinion between the learned Members of the Bench dealing with the case. The three Judge Bench finally disposed of the writ petitions vide its order dated 30th November, 2004 reported in Association of Registration Plates v. Union of India Association of Registration Plates v. Union of India [(2005) 1 SCC 679]. While dismissing the writ petition and the connected matters, the Bench rejected the challenge made to the provisions of the Rules, statutory order issued by the Central Government and the tender conditions and also issued certain directions for appropriate implementation of the Scheme.

3. The matter did not rest there. Different States did not comply with the Rules, scheme and/or statutory order which resulted in filing of the present writ petition, being Writ Petition (C) No.510 of 2005. This writ petition also came to be disposed of by a three Judge Bench of this Court vide its judgment titled as Maninderjit Singh Bitta v. Union of India [(2008) 7 SCC 328]. It will be appropriate to refer to the operative part of the said judgment:

“5. Grievance of the petitioner and the intervener i.e. All India Motor Vehicles Security Association is that subsequent to the judgment the scheme of HSRP is yet not implemented in any State except the State of Meghalaya and other States are still repeating the processing of the tender. The prayer therefore is that the purpose of introducing the scheme should be fulfilled (sic- in) letter and spirit. The objective being public safety and security there should not be any lethargy. It is pointed out that most of the States floated the tenders and thereafter without any reason the process has been slowed down...

XXX XXX XXX

9. Needless to say the scheme appears to have been introduced keeping in view the public safety and security of the citizens. Let necessary decisions be taken, if not already taken, within a period of six months from today. While taking the decision the aspects highlighted by this Court in the earlier decision needless to say shall be kept in view.”

4. Despite the above judgment of this Court, most of the States have failed to implement the scheme and the directions contained in the judgments of this Court. The matter remained pending before this Court for a considerable time and various orders passed by this Court directing implementation of the scheme, were not complied with. On 7th April, 2011, by a detailed order, we had taken note






















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