Remove photos of political/ communal leaders on vehicles: Madras High Court

The Madras High Court has recently directed the removal of portraits and photographs of political or communal leaders pasted on vehicles (V Ramesh v. The Vice Chancellor, Dr. Ambedkar Law University and ors).The order was passed by a Bench of Justice N Kirubakaran (now retired) and Justice B Pugalendhi in view of concerns that such a practice is generally resorted to in order to intimidate the police.The Bench opined that the purpose of having such photographs, political party flags, designation boards, and even advocate and press stickers is "only to keep away the police from stopping the vehicle even in case of violation of road rules."."If anybody wants to admire or display the portraits of leaders, they can fix the portraits facing them inside the vehicle and not outside. Though it is the right of the owners to have portraits, the intention of the owners is only to deter the policemen from discharging their duties," the Court said..The Court, therefore, proceeded to order the authorities to instruct vehicle owners to "remove the portraits/photos which have been fixed on the dashboard facing outside" within sixty days, failing which the authorities have to remove the same and fine errant owners. .Fixing of flags, whatever may be the nature of the flags including party flags, organization flags, etc., are not authorized by the law and rules, the Court said. Therefore, they are illegal, the Bench added. .The Court also took on record a submission by the Director General of Police that the fitting of such flags etc. was meant to deter the police from vehicle checks and from performing their duties.."Police may hesitate to stop and check the vehicles which are fitted with party flags and designation boards and the drivers as well as those who are traveling in those vehicles enter into heated arguments with the police resulting in law and order problem," the Court observed..No one has got any right to flout the law or commit excesses, the Court commented. Flags, designation boards, photos of leaders and advocate or press stickers are being used to show that a person is from "privileged sections" and to flout the law, the Court added. .In this backdrop, the Bench also opined that there is a prohibition on such use of stickers of any kind on a vehicle under Section 177 of the Motor Vehicles Act (dealing with wilful disobedience of any direction lawfully given by any person or authority).."It is the duty of every vehicle owner/driver to follow the traffic rules and no one can violate the traffic rules taking advantage of their political or social status", the Court observed further..The Bench also called on the police to conduct vehicle checks irrespective of party flags, photos of leaders, advocate or press stickers etc..The Court, however, observed, in the passing, that it is understandable if political flags and photos are exhibited on vehicles during election season."This Court can understand the necessity of having flags at the time of elections. In normal circumstances, there is no necessity for the vehicle owners/users to fix/have either the party flags or designation boards or portraits of party/communal leaders. Therefore, if at all, the vehicle owners may be permitted to fix the party flags on their vehicles from the date of declaration of election till the date of declaration of the results, if they are involved in the election work of any political party. At other times, no one has got any right except the constitutional authorities to sport flags or name boards," the order stated..The order was passed in a public interest litigation (PIL) petition against the misuse of advocate stickers. During earlier hearings, the Court had questioned whether there should be a ban on advocate stickers if they are being misused to evade the law. .In the final order passed on August 19, however, the Court confined to observing that advocate stickers are prone to misuse but refrained from issuing any directions on this aspect. .However, other issues concerning road safety were dealt with and the following directions were issued:.The Transport authorities must check whether lights fixed on vehicles are in accordance with the rules at the time of registration of the vehicle or at the time of issuance of the Fitness Certificate. The Police should randomly conduct vehicle checks to ensure that lights are fixed only as per the rules. If found they are found to be in violation of the rules, the vehicles should be seized or the lights should be removed. These directions were passed in view of concern that there are several vehicles with high-beam or unauthorized LED lights which pose risks to road safety. The fixing of high beam lights should be prohibited, the Court has opined. The Bench has also commented that life is more precious than ornamental lights that would not serve any other purpose. The Director General of Police, Home Secretary and Transport Secretary are to instruct the owners of vehicles to remove tinted glasses within 60 days, failing which the authorities shall seize the vehicles. The Court noted that despite the Supreme Court's bar imposed via the ruling in Avishek Goenka v. UOI "many vehicles including the Government vehicles are having tinted glasses which is nothing but a violation of the order passed by the Hon'ble Supreme Court." The authorities are to direct the owners of the vehicles to fix number plates as per the size prescribed in the Motor Vehicle Rules within 60 days. The National Highways Authority of India (NHAI) has been directed to install high mast lights wherever it has not been erected and to carry out repair work in places where it is not properly functioning, at the earliest..An additional concern flagged by the Court pertained to planting of trees or greenery on highway medians. The Court opined that the NHAI cannot shirk from its responsibility to maintain median plantations, more so considering that the world is now facing global warming due to deforestation. "The NHAI has to form a separate wing consisting of experts such as botanists and environmentalists and to get their advice in planting and maintenance of trees in each place depending on the climatic conditions that prevail in that area," the Court said. .[Read Order]