Proper enforcement against unauthorized use of National Emblems is crucial for preserving national dignity and identity.

CAV JUDGMENT

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

National Symbols and National Emblems represent pride and honour of our nation and country. They signify sovereignty for the country. For instance, as the trio-colour does it.

1.1 Not only that, these Symbols, Emblems and Names, disseminate nation's illuminating stories and preach ideals of our glorious history, essentials of culture, fundamental values and national ethos. They in their style, projection, make and mould, often carry landmarks of Indian civilization and history. The National Symbols and Emblems are identity in themselves which stand to elate and embellish the status and dignity of the country.

1.2 An honour ensured to the National Symbols, Emblems and Names is also an honour accorded and extended to our country. The misuse, misprojection and misstatement of these Symbols, Emblems and Names have to be prevented resolutely.

2. The present is a public interest petition filed by the High Court Legal Services Committee.

2.1 The prayer made is to direct the respondent-authorities to implement the provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950 and the Emblems and Names (Prevention of Improper Use) Rules, 1982. It also seeks to implement the provisions of the State Emblem of India (Prohibition of Improper Use) Act, 2005 with the State Emblem of India (Regulation of Use) Rules, 2007 and Rules of 2010. The petition along with the aforesaid prayers further prays for implementation of the provisions of the Rule 145 (A) of the Karnataka Motor Vehicle Rules, 1989 and Rules 50 and 51 of the Central Motor Vehicle Rules, 1989.

3. In the backdrop of the institution of this petition as public interest petition, was an order dated 09.06.2023 passed by this Court in Sri Ananda Shetty Vs. The State through the Police Inspector and another, which is Criminal Petition No.1850 of 2017. The issue involved in the said criminal petition was regarding use and misuse of the name-"Human Rights Commission".

3.1 The extraction of the said order dated 09.06.2023 is relevant,

"During the course of the proceedings, having regard to the submissions made at the Bar, this Court found that the names of "Human Rights Commission" and many other such statutory and constitutional authorities were being misused by many persons. It was found that various NGOs/Organisations/Societies and individuals have been misusing such names on the number plates of private vehicles. It was found that the name of the State Government was being used on the number plates, which again would be in contravention of the provisions contained in the Motor Vehicles Act and Rules. Consequently, various directions were issued by this Court to the respondent-State Government, through Home Department and Transport Department to ensure that the names of the State Government, the Central Government, Statutory Authorities and Commissions shall not be used on the number plates of the private vehicles. The directions were given to ensure that all such unauthorized number plates are removed and penalty be imposed.

Inspite of the efforts at the hands of the respondent-State, this Court find that such unauthorized number plates are still being found on the vehicles plying on the roads, especially in the city of Bengaluru."

3.1.1 The Court further observed that as it was a criminal petition, the Court had limitation and could not keep the matter pending only for implementation of various orders issued by the Court to the State Government and its State authorities to remove unauthoried number-plates and to prevent the misuse of official symbols by the individuals and organizations. Learned Single Judge, therefore, requested the High Court Legal Services Committee to register a public interest litigation in the