MANINDERJIT SINGH BITTA versus UNION OF INDIA & ORS.
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A B c [2012] 1 S.C.R. 874 MANINDERJIT SINGH BITTA v. UNION OF INDIA & ORS. (Writ Petition (C) No. 510 of 2005) FEBRUARY 7, 2012 [S.H. KAPADIA, CJI, A.K. PATNAIK AND SWATANTER KUMAR, JJ.] MOTOR VEHICLES ACT, 1988: ss. 41(6) and 109(3) - High Security Registration Plates (HSRP) Scheme - Implementation of - Held: Installation of HSRP is a statutory command which is not only in the interest of the security of State, but also serves a much larger public 0 interest - Therefore, it is not only desirable, but mandatory, for every State Government and Union Territory to comply with the statutory provisions/orders of Supreme Court in terms of Art. 129 of the Constitution of India - All State Governments and Union Territories, therefore, are mandated to fully implement the scheme of fixation of HSRP in their entire E territories, positively within the time specified - The orders of the Court are expected to be implemented without default and with a sense of urgency - Further, directions issued as regards costs for non-compliance with the orders of the Court - As regards unwarranted conduct and wilful disobedience of F orders of the Court by the State concerned, notice to issue as directed in the judgment - Constitution of India, 1950 - Art. 129 - Contempt of Court - Motor Vehicles Rules, 1989 - r.5 - Costs. G In the case of Association of Registration Plates' the challenge made to the provisions of the Motor Vehicles Rules, 1989 the statutory order of the Central Government and the terms and conditions of the tender process with 1. 2004 (6) suppl. scR 496 = 2oos (1) sec 679. H 874 MANINDERJIT SINGH BITTA v. UNION OF INDIA & 875 ORS. respect to implementation cf the High Security A Registration Plates (HSRP) Scheme was rejected by the Supreme Court. The Court also issued certain directions for appropriate implementation of the Scheme. However, persistent default and non-compliance by different State Governments and Union territories with regard to B implementation of the scheme and the orders passed by the Supreme Court resulted in filing of the instant writ petition. The Court passed orders on 30.8.2011, 13.10.2011 and 8.12.2011, directing the defaulter State Governments and Union territories to implement HSRP c Scheme within the specific time frame and file affidavits and undertakings. Non-Compliance of the said orders led to filing of contempt petitions and IAs. Despite specific orders of the Court, some of the State Governments and Union Territories failed to file the requisite affidavits and D undertakings. Disposing of Writ Petition No. 510 of 2005, IAs and Contempt Petitions filed therein, and remitting the other matters back, the Court HELD: 1.1 Installation of HSRP is a statutory command which is not only in the interest of the security E of State, but also serves a much larger public interest. Therefore, it is not only desirable, but mandatory, for every State to comply with the statutory provisions/ F orders of this Court in terms of Art 129 of the Constitution of India, 1950. All states, therefore, are mandated to fully implement the scheme of fixation of HSRP in their entire State, positively within the time specified by 30.4.2012 in relation to new vehicles, and 15.6.2012 for old vehicles. G [para 11 (c)] [885-H; 886-A-C) 1.2 The States of Himachal Pradesh, Manipur, l\llizoram, Nagaland, Sikkim, Uttarakhand and Union Territory of Andaman & Nicobar Islands have, by and large, implemented the scheme and have commenced the H 876 SUPREME COURT REPORTS (2012] 1 S.C.R. A program for fixation of HSRPs in their respective States. 8 The Court appreciates the effort put by these states and would direct that they should complete the entire program in all respects before 30-4-2012. [para 10] [885- 8-C] 1.3 It is emphasized that the Court's time is spent on these cases, that too, at the cost of regular cases pending before it. The orders of the Court are expected to be implemented without default and with a sense of urgency. In the interest of justice and by way of last C opportunity, the period for filing of the affidavits and/or undertakings is extended by two weeks, subject to payment of Rs. 10,000/- as costs by each State concerned. Costs for non-compliance with the directions of this Court, shall be paid by the State Governments at D the first instance. The Court is of the considered view that the instant cases are not suc
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