Court orders crackdown on use of red beacons, sirens by bureaucrats, judicial officers in Kashmir

A Mobile Magistrate (Traffic) in Jammu and Kashmir recently took suo motu cognisance of the illegal use of beacons and sirens on vehicles by civil servants, politicians, judicial officers and workers of various political parties in north Kashmir..District Mobile Magistrate (Traffic), Sopore, Javaid Ahmad Parray directed the Inspector General (IG) of Traffic Kashmir to constitute a special team in three districts of north Kashmir, Baramulla, Bandipora and Kupwara, to clampdown on the violators.Besides directing that the violators be booked and penalised irrespective of their rank or position, the Court also said that the authorities may stop such vehicles and remove such unauthorised equipment..In case any resistance is shown by the violators to the removal, the Police officers and the officers of Motor Vehicle Department shall seize the vehicle and report seizure to the Court with promptitude, it further said."The teams so constituted for these three Districts shall clampdown on the violators and while taking action the officers of such teams shall not get influenced, intimidated or swayed by the rank or status of the violator foreby Deputy Inspector General Police (DIG) North Kashmir shall also constitute such teams to crack whip on the violators of rule 108 and 119 [of Motor Vehicle Rules]," the Court said in the order..The Court further directed the Deputy Commissioners of Baramulla, Kupwara and Bandipora districts to issue special orders directing all the officers subordinate to them not to use red beacons and multi-toned sirens on their vehicles."These directions shall be strictly complied with by IG Traffic Kashmir, DIG North Kashmir and Deputy Commissioners of Districts Baramulla, Kupwara and Bandipora and non-compliance of these directions shall make the officers liable for contempt of this court. Actions taken report by the above officers in compliance of these directions shall be filed in the court by the next date fixed hearing," ordered the Court.The matter will be next heard on August 15..The traffic magistrate took suo motu cognizance of the breach of traffic rules, particularly rule 108 and 119 of Motor Vehicles Rules, after it was apprised of the same by traffic officials."It has been brought to this notice of this Court by the traffic officials having the remit of regulating traffic on roads and booking the violators, breaching traffic rules in particular rule 108 and 119 of Motor Vehicles Rules 1989 that some bureaucrats (especially some District/Executive Magistrates and IAS and KAS officers), civil servants, politicians, judicial officers, workers of various political parties, etc are using beacons and sirens on their vehicles which is in the teeth of rule 108 and 119 of the Motor Vehicle Rules 1989," the judge said in the order.The Court was told that no action was being taken against these violators by the police and other authorities for the fear of suffering reprisal as the violators are usually top brass bureaucrats, politicians or judicial officers."It has been further brought to the notice of this court that the use of red beacons and multi toned sirens has literally segued into menace, which apart from causing unbearable noise pollution to the residents and to the motorists, is also promoting a VVIP culture which is antithetical to the principle of equality enshrined in the Constitution of India," the Court noted in its order. .The Court in the order also referred to landmark judgment passed by Supreme Court of India in the case of Abhay Singh v/s State of Uttar Pradesh.It observed that no government officer (KAS and IAS officers included), civil servants, District/Executive Magistrates or judicial officers except those mentioned in SRO 55 issued by the erstwhile State government after the top court's ruling, is authorised to use red light with flasher, red light without flasher and blue, white and multi coloured lights on the top of vehicles."Many Civil Servants, Government Officers, Judicial Officers and in some cases some ordinary citizens are disregarding the prohibition and violating rule 108 and 119 of rules of 1989 with flagrancy, blatancy and impunity and no action is being taken against them by the law enforcing agencies having the remit of booking the violators of these rules," the judge said while ordering action..[Read Order]