Use of Emblem and Insignia on vehicles of private person
I believe it is commonly observed by us all that private vehicles are using Emblem and Stickers Police, Government of India, Advocate, High Court, Supreme Court without any authority to them and the reason is to create “Bhaukal” in the eyes of the public and who so ever they come across or to use it as a shield in criminal activities or to run away from the police. While it is understandable that an official vehicle of the state may impose these stickers, the use of it on private vehicles is doing more harm than good.
The Division Bench of Hon’ble Mr. Chief Justice Sanjay V Gangapurwala J & Hon’ble Mr. Justice P D Audikesavalu of #MadrasHighCourt held that it is the #responsibility of the #Stateauthorities to #ensure that the number plate stickers of the private vehicles are #not in #contravention of the #Rules, #Regulations and #ExecutiveInstructions.
Administrative matter(Motor Vehicle)
Dr. Krithika B v. The Additional Principal Secretary Home Dept. Govt. of Tamil Nadu & 3 others
WP 26317/2023 Before Hon’ble Madras High Court.
WP was allowed vide order dt.20.09.2023
Background
The present case is one such case where petitioner-Dr. Krithika B filed a Writ Petition this year before Madra High Court for directing to the Additional Chief Secretary Home Department, Government of Tamil Nadu, Principal Secretary, Transport Authority, Government of Tamil Nadu Additional Chief Secretary, Transport Authority, Government of Tamil Nadu, Commissioner of Police, Chennai to get the the stickers and other artifacts containing “Emblem”, “G”, “Govt of India”, “Government of Tamil Nadu”, “High Court” and “Police” removed from all private vehicles within the jurisdiction of Madras High Court.
Similar Writ Petition was also filed in the year 2014 numbered as 14697/2014 before Madras High Court and Directions were issued:
The Director General of Police, Tamil Nadu was directed to publicize through Visual Media and Press Media, providing to all concerned to remove all kind of unauthorized usage of Flags, Emblems, Names, Symbols, Stickers, Seals, etc., within a period of one month, from the date of such publication.
The Director General of Police was directed to register, on expiry of the said period of one month and prosecute the offenders by following the procedures as contemplated under law.
The respondents were directed to sensitize the competent authorities/Police officials for securing information regarding misuse of Flags, Emblems, Stickers, Names, etc., and in the event of any violation on the part of the law enforcing officials’ strict actions is to be taken against such officials, for dereliction of duty.
The Director General of Police was directed to instruct the Subordinate Police officials across the State to register cases under the provisions of the Act and Rules, in the event of receiving information from any person and by verifying/investigating the genuinity of the information and complaints.
The Director General of Police, Tamil Nadu was directed to issue appropriate circular/instructions to all the Subordinates/Police officials, within a period of two weeks from the date of uploading of this order on the website of the High Court.
Observation of the Court
The direction given in Writ Petition 14697/2014 would take care of the grievance raised by the petitioner in the present writ petition as well.
Report of the police Department with respect to directions issued in WP 14697/2014: -
Till date 104017 private vehicles containing stickers and artifacts containing “Emblem”, “G”, “Govt of India”, “Government of Tamil Nadu”, “High Court” and “Police” were detected.
A fine of Rs.16,56,000/- was imposed on the erring persons.
State authorities would take stern action against the erring persons.
Seema Bhatnagar
