*Tpt Deptt to amend rules to check ‘undue privilege’
Mohinder Verma
JAMMU, Jan 2: State Government today directed all the Administrative Secretaries, Divisional Commissioners and Deputy Commissioners to ensure strict implementation of Supreme Court directions on use of red flasher lights on the vehicles. Moreover, the Transport Department as well as Traffic Wing of the State Police have been asked to amend the existing Rules/enforcement provisions of law to check ‘undue privilege’ to certain people.
In a communiqué, Secretary to Government, General Administration Department, M A Bukhari, while drawing the attention towards the directions of the Apex Court of India passed in a case titled Abhay Singh Versus State of UP and Others, has directed all the Administrative Secretaries, both the Divisional Commissioners, all the Heads of the Departments and Deputy Commissioners to strictly ensure that the directions of the Supreme Court on the use of red flasher lights on vehicles are implemented in letter and spirit.
In order to leave no scope for any sort of excuse in getting the Apex Court directions implemented in totality, the General Administration Department has also furnished the main highlights of the landmark judgment to these officers.
The Transport Department and the Traffic Wing of the Police Department, which have a key role to play in keeping check on the use of red flasher lights by the un-authorized persons, have also been directed to ensure that the timelines fixed by the Supreme Court for making necessary amendments in the existing Rules/enforcement of provisions of law are adhered to.
“This is imperative as by way of SROs issued by the Transport Department from time to time in the past the scope of the persons entitled to use red lights with or without flashers was extended in order to provide undue privilege to certain persons both within the administration or outside the administration”, sources said.
It is pertinent to mention here that Supreme Court has made it clear that State Governments cannot enlarge the scope of the term “high dignitaries” beyond what is prescribed in the notifications dated January 11, 2002 and July 28, 2005 issued by the Central Government.
Stating that the existing rules have to be amended by or before March 10, 2014, sources said, “as per the Supreme Court directions only Governor, Chief Minister, former Chief Ministers, Chief Justice, Judges of the High Courts, Chairman of Legislative Council, Speaker of Legislative Assembly and Cabinet Ministers etc are entitled for the use of red flasher light”.
According to the directions, the men in uniform and operational agencies which require un-hindered access to the roads for performance of their duty, those engaged in emergency duties such as ambulance services, fire services, emergency maintenance etc and police vehicles used as escorts or pilots or for law and order duties are not entitled to have red lights but lights of other colours like blue, white, multi-coloured etc.
Moreover, the Transport Department and Traffic Wing of the State Police are also required to check that no motor vehicle except those specified in Rule 119(3) of the Central Motor Vehicle Rules, 1989 use multi-toned horns giving a succession of different notes or with any other sound producing device giving an unduly harsh, shrill, loud or alarming noise.
Such horns can be used on the ambulance or for fire-fighting or salvage purposes or on construction equipment vehicles during the course of duties. However, the sound should be strictly as approved by the registering authority.
When contacted, Transport Commissioner, Sourab Bhagat said that Chief Secretary, Mohd Iqbal Khandey has already passed necessary directions vis-à-vis issuing fresh SRO notifying the persons entitled for use of red flasher lights. “No sitting or former legislator, Ministers of State, members and heads of various Commissions and any bureaucrat is entitled for use of red flasher light”, he said while disclosing that list of high dignitaries has been re-drafted in the light of Supreme Court directions.
In response to a question, the Transport Commissioner said, “we are also going to amend the relevant rules. Even we are going to issue the list of dignitaries who are entitled to use State or other flags on their vehicles”.
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