MANINDERJIT SINGH BITTA versus UNION OF INDIA & ORS.
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[2011] 5 S.C.R. 142 A MANINDERJIT SINGH BITIA v. UNION OF INDIA & ORS. I.A. Nos. 10 and 11 of 2010 ., B Writ Petition (Civil) No. 510 of 2005 & Ors. c APRIL 07, 2011 [S.H. KAPADIA, CJI., K.S. RADHAKRISHNAN AND SWATANTER KUMAR, JJ.] Motor Vehicles Act, 1988 - s. 41 (6) rlw r. 50 of MV Rules, 1989- Issuance of notification under- For implementation of a new Scheme regulating issuance and fixation of new High Security Registration Plates (HSRP) - Invitation of tenders by D various States to implement the Scheme - Writ petition filed challenging the power of the Central Government to issue such Notification as well as terms and conditions of the tender process - Dismissal of writ petition as also the connected matters by Supreme Court - Despite the aforesaid directions, E non-implementation of the Scheme in its true spiril._by most of the States - Various interim applications filed before Supreme Court - Held: As regards the status of implementation of HSRP Scheme in the respective States and Union Territories, the States of Meghalaya, Sikkim and F Goa have implemented the Scheme, some of the States have initiated the process but could not complete it and some have not taken any steps in this regard - All those States which have invited tenders but have not finalized the same need to be cautioned that just taking a step in furtherance to the order of the Court cannot be even called substantial compliance G much less complete compliance of the same in its true spirit and substance - Thus, they are directed to complete the process within the stipulated time and ensure implementation of HSRP Scheme at the earliest as also file affidavits before H 142 MANINDERJIT SINGH BITIA v. UNION OF INDIA & 143 ORS. this Court showing complete compliance - As regards the A category of States which have not even initiated any process for compliance of their statutory duty, it is an intentional disobedience of the orders of the Court- Obedience of orders of this Court is necessary for preserving the integrity of the constitutional institution - It is not only desirable but an B essential requirement of law - Such course attains greater significance since it is in relation to attainment of a public purpose and public interest - Thus, the Secretary, Transport! Commissioner, State Transport Authority of the defaulting States of Delhi, Punjab and Uttar Pradesh directed to be c present on the next date of hearing and show cause why proceedings under the provisions of the Contempt of Courts Act, 1971 be not initiated against them, and also comply with other directions contained in the said Order - Senior officers of the other defaulting States which have not taken any steps 0 directed to file a personal affidavit stating the reasons for not complying with the said Order - In the event of default; proceedings would be initiated against them under the provisions of the Contempt of Coutts Act and costs would also be imposed, recoverable from the defaulting officers E personally - Motor Vehicles Rules, 1989 - r.50 - Contempt of Courts Act, 1971. Association of Registration Plates v. Union of India (2004) 5 SCC 364; Maninderjit Singh Bitta v. Union of India (2008) 7 SCC 328; Achhan Rizvi (II) v. State of U. P. (1994) F 6 sec 752 - referred to. Case Law Reference: (2004) s sec 364 (2008) 1 sec 328 (1994) 6 sec 1s2 Referred to. Referred to. Referred to. Para 2 Para 3 Para 14 CIVIL ORIGINAL JURISDICTION: IA Nos.10 and 11 of G 2010 H 144 SUPREME COURT REPORTS [2011] 5 S.C.R. A IN 8 WRIT PETITION (CIVIL) N0.510 OF 2005. Under Article 32 of the Constitution of India. I.A. No. 12 in I.A.No. 10. In WITH C Writ Petition (C) No. 510 of 2005. R.F. Nariman, S. Hari Haran, Pradhuman Gohil, Vikas Singh, Taruna Singh, Charu Mathur for the Petitioner. A. Mariarputham, Adv. Genl. T.S. Doabia, Jayshree D Anand, Manjit Singhvi, V. Madhukar, AAG, S.W.A. Qadri, Sunita Sharma, C.K. Sharma, Gunwant Dara, B. Krishna Prasad, D.S. Mahra, Anil Katiyar, Aruna Mathur, Yusuf Khan, Avneesh Arputham, Megha Gaur (for Arputham, Aruna & Co.), Hemantika Wahi, Nupur Kanungo, V.G. Pragasam, S.J. E Aristotle, Prabu Ramasubramanian, Krishnanad Pandeya, Sanjay R. Hegde, Abhishek Malviya, Radha Shyam Jena, Aruneshwar Gupta, Ranjan Mukherjee, S. Bhowmick, S.C. Ghosh, Naveen Sharma, B.S. Banthia, Avijit Bhattachajee, Sarbani Kar, Debjani Das Purkayashta, Bidyabrata Acharya, F K.N.
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