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2022 Supreme(Online)(KER) 32832
HIGH COURT OF KERALA
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
PAVITHRALAL B.R. – Appellant
Versus
UNION OF INDIA – Respondent
WP(C) NO. 30499 OF 2022
For the Appellants/Petitioners: PRAVEEN K. JOY, T.A.JOY, E.S.SANEEJ, M.P.UNNIKRISHNAN, M.K.SAMYUKTHA, N.ABHILASH, BEENA JOSEPH, DEEPU RAJAGOPAL, SANDRA S.KUMAR
For the Respondents: MANU S., SRI. JAISHANKER V NAIR
The use of star plates on police vehicles is permissible under existing law; however, it does not grant undue privileges over ordinary citizens.
Headnote:(A) Kerala Motor Vehicles Rules, 1989 - Rule 92A - Kerala Police Act, 2011 - Sections 44(1) and (2) - Public Interest Litigation challenging use of star plates and flags on police vehicles - The court found that existing orders/circulars permit such displays for identification purposes within statutory provisions. (Paras 12, 18, 29, 31)
(B) Public Interest - The petition claimed that such displays contribute to VIP culture harming ordinary citizens - The court clarified that such symbols do not grant preference on road unless engaged in specific emergency duties. (Paras 25, 31)
Facts of the case:
The petitioner argued against excessive authority of police in using star plates without legal sanction, citing a lack of clarity on existing regulations and orders.
Findings of Court:
The court concluded that the displays are permissible under current law and do not infringe public interest as claimed by the petitioner.
Issues: Whether the display of stars contributes to VIP culture and whether it violates citizens' rights.
Ratio Decidendi: The court affirmed that while police vehicles have markings for identification, they do not confer undue privileges over ordinary citizens unless specifically mandated during emergencies.
Result: Writ petition dismissed.
| Table of Content |
|---|
| 1. challenge to police display of authority symbols (Para 1 , 2 , 3 , 4 , 5) |
| 2. provisions under kerala motor vehicles rules (Para 6 , 12 , 18) |
| 3. conclusion on public interest in the writ petition (Para 10 , 27 , 32) |
| 4. legitimacy of current regulations and orders (Para 20 , 24 , 28) |
| 5. public interest considerations regarding symbols of authority (Para 25 , 30 , 31) |
JUDGMENT
SHAJI P. CHALY,J.
This Public Interest Litigation is filed by an Advocate seeking to quash Exhibit P1 order dated 05.06.1987 issued by the Ministry of Home Affairs, Government of India, New Delhi, in regard to the display of star plates and use of flags on the cars of Senior police officers and Exhibit P2 circular dated 20.10.1997 issued by the Principal Secretary, Transport (B) Department, Government of Kerala, Trivandrum, to the Director General of Police, Kerala; and to issue a direction to respondents 3 to 7 i.e., the State of Kerala, Secretary, Department of Home Affairs, Principal Secretary, Department of Transport, Transport Commissioner, Thiruvananthapuram, and the State Police Chief, Thiruvananthapuram, to report before this Court regarding the issuance of any other subsequent orders like Exhibits P1 and P2, and any other circulars issued similar to the above in violation of and not in conformity with Rule 92A of the Kerala Motor Vehicles Rules , 1989, and Sections 44 (1) and (2) of the Kerala Police Act , 2011 ('Act, 2011' for short) and to set aside the same.
2. A further direction to respondents 3 to 6 was also sought for to ensure that the name boards are fixed in the official vehicles of the police by the provisions under Rule 92(A)(vi) of the Kerala Motor Vehicles Rules , 1989; and also to declare that the exhibition of such stars and symbols to show the authority and power is having the same effect of VIP culture, which the Central Government scrapes in respect and compliance to the directions in the decision of the Hon’ble Apex Court in Abhay Singh v. State of Uttar Pradesh [ (2013) 15 SCC 435 )
3. According to the petitioner, this writ petition is filed in order to bring to the notice of this Court the invocation of excess authority by the police officials in exhibiting symbols like ‘stars’ at the name board of the official vehicles, which do not have any legal sanction at all.
4. That apart, it is submitted that even though this Court had passed several orders and judgments with regard to the affixture and exhibition of number plates, name boards, etc. in motor vehicles considering the various provisions under the Motor Vehicles Act, the present issue has never been addressed.
5. It is also submitted that the preamble of the Constitution of India has solemnly resolved to constitute India into a sovereign, socialist, secular, democratic republic, and further that the preamble also ensures to secure to all citizens justice, liberty, and equality and, therefore, being the largest democratic country in the world, there cannot be any distinction by and between any class of the society.
6. It is further submitted that a reference to Rule 108 of the Central Motor Vehicles Rules, 1989 and the Rules 92A of the Kerala Motor Vehicles Rules , 1989, would make it clear that no motor vehicle shall show a red light to the front or light other than red to rear, and no motor vehicle other than those specified under the Rules in the manner described against each each such vehicle shall exhibit any boards showing the name of the Government or the Government Department or the designation of the officer using it without the permission of the Government. The petitioner has also extracted the provisions of Rule 92A of the State Rules, 1989 to show that all the vehicles described thereunder has to adhere to the restrictions contained under Rule 92A of the , 1989.
7. That apart, it is submitted that Rule 36 of the Motor Vehicles (Driving) Regulations, 2017 (‘Regulations, 2017’ for short) deals with 'registration plates' and sub-Rule (1) thereto makes i
