District Collectors, Law Secretary, others using unauthorised government plate, emblem on vehicles: Kerala High Court calls for action

The Kerala High Court recently called for strict penal action against unauthorised use of national and state emblems as well as government boards on vehicles [Suo Motu v State of Kerala & Ors.]..A division bench of Justices Anil K Narendran and PG Ajithkumar said that many such vehicles are seen plying on the roads in the State, possibly with the intention of avoiding inspections and payment of tolls."Persons in such vehicles are pretending as if they are Government servants and they are misusing such name boards to escape from the checking of vehicles by Police and Enforcement Officers of the Motor Vehicles Department and to avoid payment of toll at the toll booths and also the restrictions regarding parking or entry of vehicles".The bench noted that the vehicles carrying District Collectors, Law Secretary, and officers of the Income Tax Department were also using the National or State emblems, in violation of the State Emblem of India (Regulation of Use) Rules, 2007.It also noted that some name boards are displayed on vehicles owned by Co-operative societies and Non Governmental Organisations, in violation of Rule 92A of the Kerala Motor Vehicles Rules..Therefore, the Court called for the State Police and the Enforcement Wing of the Motor Vehicles Department to take strict action as per Section 171 of the Indian Penal Code, against those who openly flout the statutory prohibitions."As per Section 171, whoever, not belonging to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both," the order stated..In a judgement dated October 28, 2019, Justice Narendran had issued a comprehensive list of guidelines to be followed by all motor vehicle users to ensure the safety of other road users.The single-judge's judgment had held that the use of emblem and display of flag shall be permitted only on vehicles carrying the constitutional authorities and other dignitaries specified in Part I and Part II of Schedule II of the State Emblem of India (Regulation of Use) Rules, 2007 or the dignitaries specified in the Flag Code of India, 2002. The matter, even though disposed of, has been revived several times since then, either for receiving compliance reports or whenever the use of vehicles that were violating regulations came to the Court's attention.In July 2021, the Court had directed all Government Pleaders (GPs) to remove their names and designations from the registration plates of their respective vehicles within a week..This week, the Court was considering a matter taken by it on the basis of a report filed by the Sabarimala Special Commissioner, regarding the management of various aspects of the upcoming Mandala-Makaravilakku pilgrimage season at the Sabarimala temple.It is when a complaint regarding the restrictions on the entry and parking of vehicles at Sabarimala and the Nilakkal to Pamba road came up that the Court reiterated the directions issued by it in its 2019 judgment.In this regard, the Court said, "No vehicle shall be permitted to be parked on the roadside from Nilakkal to Pamba. Police and the Enforcement Wing of the Motor Vehicles Department shall take stringent action against the owner and driver of those vehicles. The prohibition regarding parking of vehicles on the roadside from Nilakkal to Pamba is absolute, which cannot be permitted to be flouted by any motor vehicle exhibiting ‘authorised’ or ‘unauthorised’ name boards and emblems".[Read Order]