Kerala High Court initiates suo motu case on unauthorised use of State emblems, boards on vehicles

The Kerala High Court recently ordered the initiation of a suo motu case to address the unauthorized use of national and state emblems and government boards on vehicles [Suo motu v Union of India & ors].The Registry was directed to proceed and register the suo motu case after obtaining orders from the Acting Chief Justice..Justice Anil K Narendran and Justice Harisankar V Menon observed that despite previous directives, enforcement officers and the police have failed to prevent vehicles from using unauthorized name boards, flashlights, and other prohibited items. The Bench noted that such vehicles are often parked on footpaths, obstructing pedestrians, disabled persons, and children."Despite various directions being issued by this Court, the use of motor vehicles in public places with unauthorised name boards, flashlights, etc. cannot be effectively prevented by the Enforcement Officers in the Motor Vehicles Department and also by the Police. Such vehicles are being parked even on the footpaths, causing obstruction to the free movement of pedestrians, including persons with disabilities, children, etc. The name boards ‘Kerala State’, ‘Government of Kerala’, ‘Government of India’, etc. are being exhibited in vehicles other than Government vehicles. Such boards are being exhibited even in vehicles owned by statutory bodies, societies registered under the Societies Registration Act, non-Governmental organisations, etc.", the Court added..Previously, the Court had directed the police and enforcement officers of the Motor Vehicles Department to act against those who used unauthorized name boards and emblems on vehicles, contrary to Rule 92A (exhibition of name boards in motor vehicles) of the Kerala Motor Vehicles Rules, 1989. However, despite these directions, the Court observed that the issue persisted.The Court noted a specific instance involving a vehicle belonging to the Managing Director of Kerala Minerals and Metals Limited (KMML) which violated safety and light standards. The vehicle was fitted with a flashlight on top, a flag and a backlit name board showing a red light with a State Emblem, violating the State Emblem of India (Prohibition of Improper Use) Act, 2005, the State Emblem of India (Regulation of Use) Rules, 2007, and Rule 92A of the Kerala Motor Vehicles Rules, 1989.The Court directed the State Police Chief to inspect the KMML Managing Director's vehicle, take it into custody in the presence of the Regional Transport Officer (Enforcement) and submit a report before the Court..The Court emphasized that unauthorized use of emblems and name boards on vehicles creates a false impression of authority and leads to misuse of privilege.The Court thus directed its registry to initiate suo motu proceedings after obtaining permission from the Acting Chief Justice, and to list the case before the Division Bench dealing with suo motu case under the Motor Vehicles Act including PILs on July 11, 2024.The case would be titled 'Writ Petition (Civil)'. The Court also added that the case should include the Union of India, the State of Kerala and high-ranking officials from the Transport and Police departments as respondents."In such circumstances, we deem it appropriate to direct Registry to initiate a suo motu proceedings on the above aspect, after obtaining orders from the Honourable the Acting Chief Justice, which shall be numbered as ‘Writ Petition (Civil)’, and listed before this Bench dealing with suo motu case under the Motor Vehicles Act including PILs, on 11.07.2024, in which the Union of India represented by the Secretary (Road, Transport and Highways), Ministry of Road Transport and Highways; the Secretary, Ministry of Finance, Department of Expenditure, Government of India, North Block, New Delhi-110 001; the State of Kerala, represented by the Chief Secretary to Government; the Secretary to Government, Transport Department; the Transport Commissioner, Kerala; and the State Police Chief, Kerala shall be arrayed as respondents," the order said..[Read Order]