ABHAY SINGH versus STATE OF UTTAR PRADESH AND OTHERS

Citation: [2013] 17 S.C.R. 80 · Decided: 10-12-2013 · Supreme Court of India · Bench: G.S. SINGHVI · Disposal: Directions issued

Judgment (excerpt)

A 
B 
[2013) 17 S.C.R. 80 
ABHAY SINGH 
v. 
STATE OF UTTAR PRADESH AND OTHERS 
(Special Leave Petition No.(C) No.25237 /2010) 
DECEMBER 10, 2013 
[G.S. SINGHVI AND C. NAGAPPAN, JJ.] 
Motor Vehicles Act, 1988 - ss. 109, 110 and 111 - Motor 
Vehicle Rules, 1989 - Rules 108, 108A and 119 - Use of 
C multi-toned horns and lights of red, blue, white and multi 
colour - On the motor vehicles - Permissibility - Held: To 
curb the menace of use of mu/ti-toned horns in violation of 
rule 119 by the people in power, holders of public offices, civil 
servants and ordinary citizens, exemplary fine needs to be 
D imposed on the violators, and its rigorous enforcement needs · 
to be ensured - The use of signs and symbols of authority 
E 
F 
· such as red lights etc. is contrary to the constitutional ethos 
and basic feature of republicanism - But the framers of the 
Constitution have considered it appropriate to treat those, 
occupying constitutional positions as a special category, 
there is no reason for the Court to exclude them from the ambit 
of the term "high dignitaries" - Hence, the term "high 
dignitaries" used in proviso (iii) to Rufe 108(1) would take 
within its fold various constitutional functionaries - The use 
of red lights on the vehicles carrying the holders of 
constitutional posts will not compromise with the dignity of 
other citizens and individuals because this distinction would 
be available to them only while on duty and would be co-
terminus with their tenure - Various States and administration 
of Union Territories have failed to check the misuse of red 
G lights on the vehicles - Notifications issued by them allowing 
the use of red lights is also far beyond the scope of clause 
'C' of Notifications dated 11-1-2002 and 28-7-2005 issued by 
the Central Government - States and Union Territories 
H 
80 
ABHAY SINGH v. STATE OF UTTAR PRADESH 
81 
directed not to enlarge the scope of the term "high dignitaries" 
A 
beyond what is prescribed in clauses 'c' and 'd' of Notifications 
dated 11.1.2002 and 28.7.2005 issued by the Central 
Government - The men in uniform; operational agencies 
which require un-hindered access to the roads for 
performance of their duty; those engaged in emergency duties 
B 
such as ambulance services, fire services, emergency 
maintenance etc, and police vehicles used as escorts or 
pilots or for law and order duties shall not be entitled to have 
red lights but lights of other colours, e.g., blue, white, 
multicoloured etc. - No motor vehicles except those specified c 
in Rule 119(3) shall be fitted with multi-toned horns - The 
police officers and other authorities entrusted with the task of 
enforcing the provisions of the 1988 Act and the Rules framed 
thereunder directed to discharge their duties without any fear 
or favour and to impose appropriate penalty on those who 
D 
violate the prohibition contained in Rule 108(1) and Rule 119 
and similar rules framed by the State Governments and the 
Administration of Union Territories. 
CIVIL APPELLATE JURISDICTION : Special Leave 
Petition(Civil) No. 25237 of 2010. 
E 
From the Judgment and Order dated 21.08.2009 of the 
High Court of Judicature at Allahabad in CMWP No. 15440 of 
1998. 
Mohan Parasaran, SG, Siddharth Luthra, ASG, Harish N. 
F 
Salve, Sushil Kumar Jain, Rakesh Dwivedi, A. Mariarputham, 
Gaurav Bhatia, Reena Singh,.Ajay Bansal, Jasbir Singh Malik, 
Shankar Chillarge, Manjit Singh, AAGs, Prashant Bhushan, 
Farrukh Rasheed, B.K. Prasad, Alok Prasanna, A.K. Kaul, G.S. 
Bedi, Supriya Juneja, D.S. Mahra, Ravi Prakash Mehrotra, 
G 
Abhinav Kr. Malik, Kuldip Singh, Gaurav Yadav, Asha Gopalan 
Nair, Vinay Kuhar, Tarjit Singh, Dr. Abhishek Atrey, Prateek 
Dwivedi, Aishverya Shandilya, Aruna Mathur, Shibashish Misra, 
Suvinay Dash, K. Enatoli Serna, Amit Kr. Singh, Ranjan 
Mukherjee, Subhro Sanyal, Gopal Pn:isad, Jay Gaurav, 
H 
82 
SUPREME COURT REPORTS 
[2013] 17 S.C.R. 
A Balasubramanian, K.V. Jagdishvaran, G. Indira, Suryanaryana 
Singh, Pragati Neekhra, V.G. Pragasam, S.J. Aristotle, Prabu 
Ramasubramanian, Gunnam Venkateswara Rao, B. Balaji, 
Sapam Biswajit Meith, Khwairakpam Nobin Singh, P.V. 
Yogeswaran, Gopal Singh, V.N. Raghuµathy, Balaji, Srinivasan, 
B Sunil Fernandes, Hemantika Wahi, B.V. Balaram Das, Mishra 
Saurabh, Sunil Kumar jain, Sachin Sharma, Anuradha Mutatkar, 
Anil Shrivasatav, Rituraj Biswas, Soummitra G. Chaudhuri, Anip 
Sachthey, Shagun Matta, Jatinder Kumar Bhatia, Dharmendra 
Kumar Sinha, T. Mahipal

Excerpt shown. Read the full judgment & AI analysis in Lexace.