D.P.S.CHAUHAN, J. - (1.) The last bulwark of a State is its Courts of justice. There can be a State without an army but public confidence in the authority of the State can not remain if there are no courts of justice so to run the rule of law with the rule of life. The Courts of justice work with the self generated centrifugal force owing to the faith of the people. They not only enjoy the faith of the people but at the same time also promote faith of the people in political and administrative hierarchy. The stream of administration of justice which is a sacred one like river Ganges emanates from the Constitution which unlike other rivers flowing from the same source has in itself a potentiality of cleansing mechanism not allowing pollution to overcome it, leading to stagnation of rule of law. The mechanism is based on dignity and honour conferred on the Hon'ble Judges by assigning distinct and sovereign position under the Constitution. They are constitutional appointees and functionaries possessed of faith of the people which cannot be allowed to receive shock at any hand. They command respect and obedience from all irrespective of political or religious belief or faith of the people. Slightest disrespect to the system or its constituents may lead to disastrous effect annihilating the very fabric of rule of law. Any thing which erodes the faith of the people in the rule of law may be not only fatal to the system but may also be a dangerous obstruction of justice requiring proper treatment so as to maintain the majesty of law. Thus the prime necessity of the hour is that the faith of the people in the Hon'ble Judges and the system of judicial administration may not be shaken, diluted, diminished or wiped out by contumacious behaviour of any person or authority, high or low.
(2.) This Court, having come to know about the contumacious behaviour meted to the two Hon'ble Judges of this Court having sitting at Lucknow Bench of this Court, who while going to attend the Court were intercepted, interrogated and put to inconvenience at the hands of constable who unmindful of his authority detained their vehicles, though at different point of time, which were fitted with red light at the top and challenged. We took cognizance of the matter in suo motu exercise of power under Art. 226 of the Constitution to set at rest the doubt regarding use of red light by them at the top ox their vehicles and issued notices to the State of Uttar Pradesh by passing the order :- "The provisions for supply of the vehicles to the Hon'ble Judges of the Supreme Court and the High Courts, who are constitutional appointees and functionaries, are provided in service conditions. These vehicles, when supplied, were equipped with red lights at the top which was done at the cost of the Government. It has come to the notice of this Court now that at Lucknow the vehicles of two of the Hon'ble Judges (Hon. Mr. Justice B.N. Misra and Hon'ble Mr. Justice D.S. Bajpai) were challenged for the use of red light at the top. Such an act, prima facie, was not only illegal, but also contemptuous. What action was taken by the Registry of this Court is not known to the Court. However, the Registry is directed to place all the material before this Court in this regard and for this purpose notice be issued to the Registrar of this High Court. The only relevant provision under the Rules known as Central Motor Vehicles Rules, 1989 seems to be Rule 108, which is extracted below:- Use of red or white lights:- No motor vehicle shall show a red light to the Front or light other than red to the rear : Provided that the provision of this rule shall not apply to - (i) the internal lighting of the vehicle or (ii) the amber light, if displayed by any direction indicator or top light; (iii) a vehicle carrying high dignitaries as specified by the Central Government or the State Government from time to time or a vehicle escorting such vehicle; (iv) the blinker type of red light with purple glass fitted to an ambulance van used for conveying patients; or (v) to a vehicle having a lamp fitted with an electrical bulb, if the power of the bulb does not exceed seven watts and the lamp is fitted with frosted glass or any other material which has the effect of diffusing the light. Proviso (iii) to this Rule provides that a vehicle carrying high dignitaries as specified by the Central Government or the State Government from time to time or a vehicle escorting such vehicle, may use red light at the front. This Rule prima facie makes it clear that the Constitutional appointees and functionaries are high dignitaries of the country and they are included in the Rule and require no separate specification. It prima facie seems to us that the provision for specification of the high dignitaries is only for the persons, who are not the constitutional appointees or the functionaries and who may be specified on some criteria, deserving their specification as high dignitaries. It seems that the act, as aforesaid, was prima facie illegal. Let a case be registered as Civil Misc. Writ Petition in exercise of suo motu power under Art. 226 of the Constitution and notice be issued to the State Government at the Government cost, which may be served on ton thon the Chief Standing Counsel of the State Government, who may file a counter-affidavit within three weeks. List this petition for further orders and hearing before us as part heard on 16-2-1993." Consequent upon notices so issued and served on the learned Chief Standing Counsel State of U.P. , Sri Babu Ram Tripathi, a counter affidavit sworn by Sri Janardan Prasad, Special Transportation Secretary, U.P. Government Lucknow was filed. Additional Registrar posted at Lucknow Bench of this Court also submitted a report to this Court through the Deputy Registrar (Judicial) vide letter No. 932/1993 Lucknow dated 12/02/1993 which is placed on the record of the case.
(3.) Before dilating on the question involved regarding the user of the red light by the Hon'ble Judges of the High Court at the top of their vehicles, it would be appropriate to refer the relevant provisions of law as contained in Motor Vehicles Act 1939 (for brevity hereinafter referred as "the Act 1939") and the Rules framed thereunder known as U.P. Motor Vehicles Rules, 1940 (for brevity hereinafter referred as "the 1940 Rules") and the Motor Vehicles Act, 1988 (for brevity hereinafter referred as "the 1988 Act") and the Rules 1989 (for brevity hereinafter referred to as "the 1989 Rules"). (a) Section 70 of the Act 1939 which is extracted below conferred the power on the State Government for making rules, inter alia, regarding signaling appliances, lamps and reflectors:- "Power to make rules:- (a) A State Government may make Rules regulating the construction, equipment and maintenance of motor vehicles and trailers. (b) Without prejudice to the generality of the foregoing power, rules may be made under this Section governing any of the following matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances namely: (a) ......................... (b) seating arrangements in public service vehicles and that protection of passengers against the weather. (c) ......................... (d) brakes and steering gear; (e) the use of safety glass; (f) signaling appliances, lamps and reflectors; (g) speed governors; (h) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (i) the reduction of noise emitted by or caused by vehicles; (j) ........................................ In exercise of power under Section 70 of the Act of 1939, the State Government framed rule 112, of 1940 Rules relevant of which is extracted below:- "Rule 112, sub-clause (7) "No motor vehicles shall show a red light to the front or other than a red light to the rear, provided that this provision shall not apply to the internal lighting of the vehicle or to an amber light if displayed by any direction indicator; Provided further that the Governor may display a red light in the front of the car just above the windscreen and the persons, who are entitled to display the National Flag on their cars, may have a red light in front of the car on the rod in which the National Flag is displayed during the day." The sub-rule (7) dealt with red light. It prohibited use of red light in front of motor vehicle with the exception in the proviso which related to the Governor who was authorised to display a red light in the front of the car just above the windscreen and also the persons who were entitled to display the National Flag on their cars, who were authorised to have a red light in front of the car on the rod in which the National Flag was displayed during the day. (b) The 1988 Act which repealed the 1939 Act came into force on 22-5-1989 vide Notification No. S.O. 368 (E) dated 22-5-1989. Section 110 of the 1988 Act, which is extracted confers the power on the Central Government for making rules, inter alia, regarding signaling appliances, lamps and reflectors. "Power of Central Government to make rules:- (i) The Central Government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all or any of the following matters, namely:- (a) the width, height, length and overhang of vehicles and of the loads carried; (b) the size, nature and condition of tyres; (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signaling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks ashes, grit or oil. (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers, and other equipments essential for safety or drivers, passengers and other road users; (k) standards of the components used in the vehicle as in built safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standards for emission of air pollutants;" In exercise of power under Section 110 of 1988 the Central Government framed the Rule 108 in 1989 Rules which is extracted below :- "Use of red or white lights :- No motor vehicle shall show a red light to the front or light other than red to the rear; Provided that the provision of this rule shall not apply to (i) the internal lighting of the vehicle; or (ii) the amber light, if displayed by any direction indicator or top light; (iii) a vehicle carrying high dignitaries as specified by the Central Government or the State Government from time to time or a vehicle escorting such vehicle; (iv) the blinker type of red light with purple glass fitted to an ambulance van used for conveying patients; or (v) to a vehicle having a lamp fitted with an electrical bulb, if the power of the bulb does not exceed seven watts and the lamp is fitted with frosted glass or any other material which has the effect of diffusing the light." The 3rd sub proviso to Rule 108 of 1989 Rules which is relevant for the purposes of consideration and determination of the question in the present case at the cost of repetition is reproduced :- "a vehicle carrying high dignitaries as specified by the Central Government or the State Government from time to time or a vehicle escorting such vehicle.";