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1993 Supreme(All) 210

IN THE HIGH COURT OF ALLAHABAD
D. P. S. CHAUHAN, M. KATJU
RED LIGHT ON THE CARS OF THE HONble JUDGES OF THE HIGH COURT - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
Civil Misc. Writ Petition 962 Of 1993
Decided On : 04/05/1993

Advocates Appeared:
B.R.Tripathi

The Hon'ble Judges of the High Court are high dignitaries and are entitled to use red lights on their vehicles under Rule 108 of the Central Motor Vehicles Rules, 1989, even though there is no specification under the 3rd clause to the proviso to Rule 108 of the 1989 Rules.

Headnote:

HIGH COURT JUDGES - USE OF RED LIGHT ON VEHICLES - INTERPRETATION OF RULE 108 OF THE CENTRAL MOTOR VEHICLES RULES, 1989 - HIGH COURT JUDGES ARE HIGH DIGNITARIES AND ENTITLED TO USE RED LIGHT ON THEIR VEHICLES - NO SPECIFICATION REQUIRED.

Fact of the Case:

Two Hon'ble Judges of the Lucknow Bench of the Allahabad High Court were stopped and questioned by a traffic constable for using red lights on their vehicles. The Court took suo motu cognizance of the matter and issued notices to the State Government.

Finding of the Court:

The Court held that the Hon'ble Judges of the High Court are entitled to use red lights on their vehicles under Rule 108 of the Central Motor Vehicles Rules, 1989, even though there is no specification under the 3rd clause to the proviso to Rule 108 of the 1989 Rules. The Court also held that the Hon'ble Judges are high dignitaries and do not require any specification.

Issues: 1. Whether the Hon'ble Judges of the High Court are entitled to use red lights on their vehicles under Rule 108 of the Central Motor Vehicles Rules, 1989? 2. Whether the Hon'ble Judges are high dignitaries and require specification under the 3rd clause to the proviso to Rule 108 of the 1989 Rules?

Ratio Decidendi: 1. Rule 108 of the Central Motor Vehicles Rules, 1989, permits the use of red lights on vehicles carrying high dignitaries as specified by the Central Government or the State Government. 2. The Hon'ble Judges of the High Court are constitutional appointees and functionaries who hold a high office of dignity and honour. 3. The word "high dignitary" in Rule 108 of the 1989 Rules implicitly covers the Hon'ble Judges of the High Court, who are high dignitaries by virtue of their constitutional status. 4. No specification is required for the Hon'ble Judges of the High Court, as they are high dignitaries and are entitled to use red lights on their vehicles.

Final Decision: The petition was allowed, and the Court issued a general mandamus to the State Government and its authorities not to create any impediment in the use of red lights on vehicles by the Hon'ble Judges of the High Court.

D. P. S. CHAUHAN, J.

( 1 ) THE last bulwark of a State is its Courts of justice. There can be a State without an army but public confidence in the authority of the State can not remain if there are no courts of justice so to run the rule of law with the rule of life. The Courts of justice work with the self generated centrifugal force owing to the faith of the people. They not only enjoy the faith of the people but at the same time also promote faith of the people in political and administrative hierarchy. The stream of administration of justice which is a sacred one like river Ganges emanates from the Constitution which unlike other rivers flowing from the same source has in itself a potentiality of cleansing mechanism not allowing pollution to overcome it, leading to stagnation of rule of law. The mechanism is based on dignity and honour conferred on the Honble Judges by assigning distinct and sovereign position under the Constitution. They are constitutional appointees and functionaries possessed of faith of the people which cannot be allowed to receive shock at any hand. They command respect and obedience from all irrespective of political or religious belief or faith of the people. Slightest disrespect to the system or its constituents may lead to disastrous effect annihilating the very fabric of rule of law. Any thing which erodes the faith of the people in the rule of law may be not only fatal to the system but may also be a dangerous obstruction of justice requiring proper treatment so as to maintain the majesty of law. Thus the prime necessity of the hour is that the faith of the people in the Honble Judges and the system of judicial administration may not be shaken, diluted, diminished or wiped out by contumacious behaviour of any person or authority, high or low.

( 2 ) THIS Court, having come to know about the contumacious behaviour meted to the two Honble Judges of this Court having sitting at Lucknow Bench of this Court, who while going to attend the Court were intercepted, interrogated and put to inconvenience at the hands of constable who unmindful of his authority detained their vehicles, though at different point of time, which were fitted with red light at the top and challenged. We took cognizance of the matter in suo motu exercise of power under Art. 226 of the Constitution to set at rest the doubt regarding use of red light by them at the top ox their vehicles and issued notices to the State of Uttar Pradesh by passing the order :-"the provisions for supply of the vehicles to the Honble Judges of the Supreme Court and the High Courts, who are constitutional appointees and functionaries, are provided in service conditions. These vehicles, when supplied, were equipped with red lights at the top which was done at the cost of the Government. It has come to the notice of this Court now that at Lucknow the vehicles of two of the Honble Judges (Hon. Mr. Justice B. N. Misra and Honble Mr. Justice D. S. Bajpai) were challenged for the use of red light at the top. Such an act, prima facie, was not only illegal, but also contemptuous. What action was taken by the Registry of this Court is not known to the Court. However, the Registry is directed to place all the material before this Court in this regard and for this purpose notice be issued to the Registrar of this High Court. The only relevant provision under the Rules known as Central Motor Vehicles Rules, 1989 seems to be Rule 108, which is extracted below:-use of red or white lights:- No motor vehicle shall show a red light to the Front or light other than red to the rear : Provided that the provision of this rule shall not apply to - (i) the internal lighting of the vehicle or (ii) the amber light, if displayed by any direction indicator or top light; (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; (iv) the blinker type of red light with purple glass f


























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