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Thursday, January 16, 2014

State govt to issue notification on use of red lights on vehicles soon; only ‘high dignitaries and constitutional post holders to be entitled

The people of Sikkim will soon be heaving a sigh of relief once the number of VIP vehicles or those with red beacons are minimized to suit the directions of the Supreme Court. The state has initiated action and it is only a matter of time that this happens. The state government is in the process of preparing a list of ‘high dignitaries’ and those holding constitutional posts in order that only such persons be entitled to the use of red beacons on their vehicles. Following the Supreme Court order on the use of red lights on vehicles by VIPs the state government here is also seized of the matter given that a compliance report has to be filed within 3 months of the date of issue of that order. The apex court order was issued on 10 December, 2013. A senior official stated that there was no question of not complying with the order; it will be complied with in due time and the concerned agency has already started upon it.
The Motor Vehicles Department here has been identified as the concerned agency which is to issue an appropriate notification on those entitled to use red beacons on their vehicles. The MV Department is informed to be coordinating together with the Law Department and the Home Department on the matter of identifying those high dignitaries and holders of constitutional posts. “We are in the process of preparing a list of high dignitaries and those holding constitutional posts who are entitled to the use of red lights on their vehicles. This is as per the directions of the Supreme Court and once the list has been prepared a notification will be issued which will specify the dignitaries who are entitled to the use of red lights. We will not wait for the end of the 3 month time line provided by the Supreme Court but will issue the notification as soon as we have prepared the list”, stated Tsegyal Tashi, Secretary, Motor Vehicles Department.
In fact it is possible that this list of high dignitaries will be finalized soon and the notification issued by the end of the month. This notification will include the names of those offices which are entitled to the use of red beacons. As such those offices and posts not included will not be permitted the use of the red lights. Already some states have acted on the apex court directions. In Sikkim there are a plethora of functionaries especially legislatures and nominated chairmen who have been entitled to the use of VIP lights via the issuance of state government notifications. In fact even panchayat functionaries  such as Zilla Adhyakshas and those of municipal bodies such as Mayor and deputy mayor have been allowed the use of VIP lights.
In fact there is also to be a deterrent penalty on those violating the rules which prohibit the use of red lights. In other words those officers or vehicles using red lights but who have not been so entitled by the state notification on the matter, are to be penalized.
“The use of red lights on the vehicles carrying  the  holders  of  constitutional posts will in no manner compromise with the dignity of  other  citizens  and individuals or embolden them to  think  that  they  are  superior  to  other people, more so, because this distinction would be available  to  them  only while on duty and would be co-terminus  with  their  tenure.   However,  the Governments of most of the States and Administration  of  Union  Territories have framed rules and issued notifications allowing use  of  red  lights  on the  vehicles  carrying  large  number   of   persons   other   than   “high dignitaries”.  They have also used the power of issuing notifications to enlarge the list of the persons entitled to use red lights with or without flashers whether on duty or otherwise” – Supreme Court order. The court also said that the states had failed in checking misuse of vehicles with red lights as the police were afraid to ask questions.
The court has also made it clear that the state governments cannot enlarge the scope of the term ‘high dignitaries’ beyond what has been issued in the central government notification. Furthermore men in uniform, operational agencies which require un-hindered access to roads such as ambulance services, fire services, emergency maintenance and police vehicles used as escorts, pilots or for law and order are not entitled to red lights but can have lights of other colours. The concerned police officers tasked with enforcing the central government notification have been urged by the court to discharge their duties without fear or favour.
The court has also directed the chief secretaries of all states to give wide publicity to this order by issuing notices in the newspapers in their respective states. This particular aspect of the order is yet to be complied with by the chief secretary of Sikkim.


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