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Red Beacon Allowed Only for High Dignitaries: SC

Red beacon can only be used by high dignitaries holding constitutional posts while on duty, the Supreme Court ruled today to put an end to its misuse by politicians and bureaucrats flaunting it as a status symbol, saying it is reflective of the "Raj mentality".

The apex court also banned private individuals from using siren in their vehicles and directed the authorities to take punitive action against those doing so.

A bench of justices G S Singhvi and C Nagappan said men in uniform, those engaged in emergency duties such as ambulance and fire services, emergency maintenance and police vehicles used as escorts or pilots or for law and order duties will be entitled to use blue, white, multicolored lights instead of red beacon.

It said that there has been "abysmal" failure of the authorities to check misuse of red beacons.

"A large number of persons are using red lights on their vehicles for committing crimes in different parts of the country and they do so with impunity because the police officials are mostly scared of checking vehicles with red lights, what to say of imposing fine or penalty," it said.

It also pulled up the authorities for their failure to prevent misuse of siren for the last 24 years.

"The contemptuous disregard to the prohibition by people in power, holders of public offices, civil servants and even ordinary citizens is again reflective of Raj Mentality and is antithesis of the concept of a Republic," the bench said.

According to rules, siren is allowed only in vehicles used as ambulances or for fire fighting or salvage purposes or vehicles used by police officers or operators of construction equipment vehicles or officers of the Motor Vehicles Department in the course of their duty.

The apex court had earlier expressed its displeasure over the rampant misuse of red beacon, saying stringent norms are required to drastically reduce the number of those given this facility.

The apex court said the red lights symbolize power and there is a stark differentiation between those who are allowed to use it and the ones who are not.

It also restrained the Centre and state governments from enlarging the scope of the term 'high dignitaries' beyond what is prescribed in notifications issued by Centre in 2002 and 2005.

This includes President, Prime Minister, Chief Justice of India, Cabinet Ministers, Governors, Chief Minister besides Chiefs of three Defence services.

"A large number of those using vehicles with red lights have no respect for the laws of the country and they treat the ordinary citizens with contempt. The use of red lights on the vehicles of public representatives and civil servants has perhaps no parallel in the world democracies," the bench said.

"The best political and executive practices have been distorted to such an extent that they do not even look like distant cousins of their original forms. The best example of this is the use of symbols of authority including the red lights on the vehicles of public representatives from the lowest to the highest and civil servants of various cadres," it said.

The bench, however, refused to do away with the use of red beacon by the dignitaries after the Centre strongly defended it on the ground that there is no illegality as it facilitates public representatives and civil servants in their movements while on duty.

"The motor vehicles carrying high dignitaries specified by the Central Government and their counterparts specified by the State Government may be fitted with red lights but the red lights with or without flasher can be used only while the specified high dignitary is on duty and not otherwise," it said.

The bench said that amendment be passed in Motor Vehicles Act for for imposition of adequate penalty on misuse of red beacon.

"No motor vehicles except those specified in Rule 119(3) of the 1989 Rules or similar provisions contained in the rules framed by the State Governments or the Administration of Union Territories shall be fitted with multi-toned horns giving a succession of different notes or with any other sound producing device giving an unduly harsh, shrill, loud or alarming noise," the bench said.

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8/D-198
Dec 12, 2013
10:10 PM

Why should the Chief Justice of India be given the "RED BEACON" in first place?

I dare say that the Chief Justice of India should be given a free Bus pass/Monthly pass to use any public transport in delhi (metro/bus whatever) that he or she would like. 

Ramki_Uncensored, Delhi
7/D-102
Dec 11, 2013
02:45 PM

Ramesh very well put.

Arun Maheshwari
Bangalore, India
6/D-54
Dec 11, 2013
11:28 AM

"Red Beacon Allowed Only for High Dignitaries: SC"

I wonder if SC is empowered to give such a ruling at all in the first place.

K.Suresh, Bangalore
5/D-45
Dec 11, 2013
10:37 AM

Honorable SC seems to be in a time wrap. On one hand it pays lip service to the concpet of democracy and on the other hand delivers a judgement which strikes at the very root of equivility by placing somein the category of Constitutional Authority and High Officials. As per SC  the judges of SC and some politicians are so-called `Constitutional Authority"!!  As far as I know, it is the `Citizen of India" is the constitutional authority because it is they who have given themselves a Constitution. And, there are no high or low officials in a democracy. Only public servants. For a functional polity a sweeper, a nurse and a teacher are as important as a judge. All have to perform their respective jobs well for the nation to progress.  

yogibhadani, Hyderabad
4/D-41
Dec 11, 2013
09:51 AM

The Supreme Court after criticising the lal batthi as being a status symbol has in the same breath blessed the very same concept by conferring the privilege of using it on "constitutional authorities and high dignitaries", which classification of course includes themselves.

Their Lordships just don't seem to get it. In all civilised countries a beacon, whether red, amber or blue or any combination, fitted on a vehicle is for purely functional and not ornamental purposes. It is principally to clear the road of traffic to deal with an emergency like reaching the scene of a crime, to rush a critical patient to hospital or to swiftly tackle a fire. It may even be used to rescue a cat stranded on a tree, but never to proclaim to the aam admi  that a fat cat neta or babu or a beak is passing by, and that they had better make way and also genuflect while they are at it.

Maybe it would be better if things were to be left as they are right now. The sight of lal batthi flashing cars stuck in traffic jams in the metros is a comical leveler rather than being awe inspiring.

Ramesh Ramachandra, Bangalore
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