IMPORTANT POINT
Provisions of section 109, M.V. Act, 1988 and statutory orders passed thereunder as well as orders passed by Supreme Court are mandatory.

JUDGMENT

Swatanter Kumar, J.

1. The 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 (hereinafter, ‘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 India2 [(2005) 1 SCC 679]. While dismissing the writ petition and the connected matters, this Court 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. Persistent default and non-compliance by the different States with regard to the statutory Rules, implementation of the schemes as well as the orders passed by this Court 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 dated 8th May, 2008 titled as Maninderjit Singh Bitta v. Union of India3 [(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...

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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 implementati