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1999 Supreme(Cal) 472
HIGH COURT OF CALCUTTA
TARUN CHATTERJEE &. S.K. TIWARI, JJ.
Calcutta 36
Vs.
The State of West Bengal & Ors.
W.P. No. 10814 (W) of 1998
Decided on: August 26, 1999
Advocate Appeared:
Amal Kumar Dutta, Senior Advocate, Chama Mookherji for the petitioner
None for the respondent
The words 'officials and dignitaries' in Rule 226(3) of West Bengal Motor Vehicles Rules, 1989 should be interpreted as 'high dignitaries' within the meaning of Rule 108 of Central Motor Vehicles Rules, 1989.
Headnote:
MOTOR VEHICLES ACT - RED LIGHTS - USE OF - REGULATIONS - INTERPRETATION OF RULES - CENTRAL MOTOR VEHICLES RULES, 1989, RULE 108 - WEST BENGAL MOTOR VEHICLES RULES, 1989, RULE 226(3) - PRESIDENT'S LIST OF HIGH DIGNITARIES.
Fact of the Case:
Public Interest Litigation filed by Calcutta 36, a society working for environmental protection, seeking a direction to stop misuse of red lights in vehicles and implementation of Rule 108 of Central Motor Vehicles Rules and notifications thereunder.
Finding of the Court:
1. Only 'high dignitaries' as specified by the Central Government are entitled to use red lights in their cars. 2. The words 'officials and dignitaries' used in Rule 226(3) of West Bengal Motor Vehicles Rules, 1989 should be interpreted as 'high dignitaries' within the meaning of Rule 108 of Central Motor Vehicles Rules. 3. The President's list specifying 'high dignitaries' should be followed in determining who can use red lights in their cars. 4. Some other authorities named in the Central Motor Vehicles Rules and State Motor Vehicles Rules are also entitled to use red lights. 5. Hired cars can use red lights only when carrying persons named in the President's list.
Issues: 1. Who is entitled to use red lights in their cars? 2. How should the words 'officials and dignitaries' in Rule 226(3) of West Bengal Motor Vehicles Rules be interpreted? 3. What is the relevance of the President's list of high dignitaries? 4. Can hired cars use red lights?
Ratio Decidendi: 1. Rule 108 of Central Motor Vehicles Rules and Rule 226(3) of West Bengal Motor Vehicles Rules regulate the use of red lights in vehicles. 2. The President's list of high dignitaries should be considered as 'officials and dignitaries' within the meaning of Rule 226(3) of West Bengal Motor Vehicles Rules. 3. The words 'officials and dignitaries' in Rule 226(3) should be interpreted as 'high dignitaries' within the meaning of Rule 108 of Central Motor Vehicles Rules. 4. Hired cars can use red lights only when carrying persons named in the President's list.
Final Decision: 1. Only persons named in the President's list of high dignitaries and some other authorities named in Central and State Motor Vehicles Rules are entitled to use red lights in their cars. 2. Hired cars can use red lights only when carrying persons named in the President's list. 3. State authorities, including police and Motor Vehicle Department, are directed to take stern action against those using red lights without authorization.
The Court : This public interest litigation has been moved at the instance of Calcutta 36, a society registered under the Society Registration Act, working in the field of environment, for a direction upon the respondents to stop the misuse of red lights in the vehicles of the persons who are not entitled to use such lights in their vehicles and for implementation of Rule 108 of the Central Motor Vehicles Rules and notifications thereunder if any, and for other incidental reliefs. In spite of repeated notices having been served upon the respondents, no one appeared at the time when this public interest litigation was taken up for final disposal.
2. The writ petitioner is a coordinating body association having as members persons engaged in social work for upliftment of the conditions of the Calcutta Metropolitan area. A large number of persons of such association are eminent persons, scientists, engineers, educationists and doctors interested to better the condition of the Calcutta Metropolitan area in a number of ways. In the present public interest litigation, the writ petitioner has alleged that the citizens of Calcutta have observed rampant use of red lights in cars in the city of Calcutta and also elsewhere in West Bengal.
3. Mr. Dutta, appearing on behalf of the writ petitioner restricted his submissions only on the entitlement of the persons who can use such redlights in their cars.
4. Rule 108 of the Motor Vehicles Rules, 1989 of the Central Government regulates the red or white lights which prohibit the motor vehicles showing a redlight to the front or light other than the red in the rear with certain exception made by the proviso which is as follows :- .
"Provided that the provisions of this rule shall not apply to-
(i) ……….
(ii) ………..
(iii) A vehicle carrying high dignitaries as specified by the Central Government or the State Government from time to time or a vehicle escorting such vehicle."
5. It is therefore seen that Central Motor Vehicles Rule has clearly stated that vehicles relating to high dignitaries or escorting such vehicles will be an exception to the general ban on use of redlights in vehicles.
6. So far as the Central Motor Vehicles Rule is concerned, it appears that only "the high dignitaries" as may be specified by the Central Government would be entitled to use redlights in their cars. The Government of West Bengal in their turn have however, introduced Rule 226 (3) in the West Bengal Motor Vehicles Rules, 1989 regarding use of redlights by "officials and dignitaries".
7. The West Bengal Rule inserts an expression "officials and dignitaries" instead of "high dignitaries" as used in the Central Motor Vehicles Rules' and accordingly taking advantage of the words "officials and dignitaries" in the aforesaid Rules, certain categories of persons are found using redlights in their cars. Therefore, in view of the aforesaid fact that in the Central and State Motor Vehicles Rules different words namely "high dignitaries", "officials and dignitaries" have been used, the question now arises who would be entitled to use redlights in their cars. Before the introduction of the West Bengal Motor Vehicles Rules, 1989 particularly before coming into force of Rule 226 of the West Bengal Motor Vehicles Rules in the year 1989, in the exercise of power conferred by section 70 of the Motor Vehicles Act, 1939 the Government introduced an amendment in the Bengal Motor Vehicles Rules, 1940 and the said amendment is to the following effect
AMENDMENT :
In the said rules, for sub-rule (7) of Rule 110, substitute the following sub-rule :-
7. No motor vehicle shall show a redlight to front or other than a red light to the rear :
Provided that this provision shall not apply to the internal lighting of the vehicle or to an amber light if displayed by any direction indicator :
Provided further that the persons indicated below may have a red light III front of their motor cars.
1. President.
2. Vice-President.
3. Governors and Lieutenant Gove
