- (1.) GOVERNMENT of India, on 28th March, 2001, issued a notification under the provisions of Section 41(6) of the Motor Vehicles Act, 1988 (for short, 'the Act') read with Rule 50 of the Motor Vehicles Rules, 1989 (for short, 'the Rules') for implementation of the provisions of the Act. This notification sought to introduce a new scheme regulating issuance and fixation of number plates. In terms of sub-section (3) of Section 109 of the Act, the Central GOVERNMENT issued an order dated 22nd August, 2001 which dealt with various facets of manufacture, supply and fixation of new High Security Registration Plates (HSRP). The Central GOVERNMENT also issued a notification dated 16th October. 2001 for further implementation of the said order and the scheme. Various States had invited tenders in order to implement the scheme.
(2.) A writ petition being Writ Petition (C) No.41 of 2003 was filed in this Court challenging the Central Government's power to issue such notification as well as terms and conditions of the tender process. In addition to the above writ petition before this Court, various other writ petitions were filed in different High Courts raising the same challenge. These writ petitions came to be transferred to this Court. All the transferred cases along with Writ Petition (C) No. 41 of 2003 were referred to a larger Bench of three Judges of this Court by order of reference dated 26th May, 2005 in the case of Association of Registration Plates v. Union of India [JT 2004 (Suppl. 2) SC 379 : 2004 (5) SCC 364], as there was difference of opinion between the learned Members of the Bench dealing with the case. The three Judge Bench finally disposed of the writ petitions vide its order dated 30th November, 2004 reported in [2005 (1) SCC 679]. While dismissing the writ petition and the connected matters, the Bench rejected the challenge made to the provisions of the Rules, statutory order issued by the Central Government and the tender conditions and also issued certain directions for appropriate implementation of the scheme. The matter did not rest there. Different States did not comply with the Rules, scheme and/or statutory order which resulted in filing of the present writ petition, being Writ Petition (C) No.510 of 2005. This writ petition also came to be disposed of by a three Judge Bench of this Court in its judgment titled as Maninderjit Singh Bitta v. Union of India [2008 (7) SCC 328]. It will be appropriate to refer to the operative part of the judgment: "5. Grievance of the petitioner and the intervener i.e. All India Motor Vehicles Security Association is that subsequent to the judgment the scheme of HSRP is yet not implemented in any State except the State of Meghalaya and other States are still repeating the processing of the tender. The prayer therefore is that the purpose of introducing the scheme should be fulfilled (sic-in) letter and spirit. The objective being public safety and security there shouldnot be any lethargy. It is pointed out that most of the States floated the tenders and thereafter without any reason the process has been slowed down... 9. Needless to say the scheme appears to have been introduced keeping in view the public safety and security of the citizens. Let necessary decisions be taken, if not already taken, within a period of six months from today. While taking the decision the aspects highlighted by this Court in the earlier decision needless to say shall be kept in view." Despite the above judgments of the Court, most of the States have failed to implement the scheme in its true spirit. This resulted in filing of IA No.5 in Writ Petition (C) No. 510 of 2005 where the applicant prayed for a clarification of order dated 8th May, 2008 stating that some of the States were carrying the impression as if they had the discretion to give effect to the amended Rules and the scheme. Vide order dated 5th May, 2009, the Court clarified the doubt and unambiguously stated that there is no discretion given to the States/Union Territories not to give effect to the amended Rule 50, the scheme of HSRP and modalities to be followed in pursuance thereof.
(3.) IN the meanwhile, lA No. 10 of 2010, in Writ Petition No. 510 of 2005, was filed by the State of Kerala seeking extension of time to comply with the scheme and orders of this Court. They prayed for six months' extension with effect from 1st June, 2010. One of the main grounds taken by the State of Kerala was that it was finalizing the modalities needed for implementation of the HSRP scheme in the State and was also finding out the cheapest rate in the market for benefit of public. This application was opposed by the petitioner and during the course of arguments, applicant State of Kerala also pointed out that it had financial constraints as well in implementation of the scheme. An order was passed by this Court on 13th August, 2010 noticing the grounds taken up by the State of Kerala and they were permitted to implement the scheme phase-wise and at the places indicated in that order. The petitioner filed IA No. 12 of 2010 in IA No. 10 of 2010 in Writ Petition (C) No. 510 of 2005 praying for modification of the order dated 13th August, 2010 stating that the State of Kerala has no such financial crisis that it could not implement the scheme immediately. In that application, case was also made out that a large number of States were not carrying out the orders of the Court and, in fact, had violated the same with impunity. Prayer was also made for issuance of a direction to the State Governments/Union Territories to implement the scheme and statutory provisions within the time already extended.;