S.S. Nijjar, J - (1.) This writ petition has been filed by an Advocate highlighting a Newspaper report dated January 5, 2006 in a Newspaper known as "Daily Pratidin". In this Newspaper report it was mentioned that - -"There must be a prohibition to be issued by the Court not to allow a person to use the red light without any authority". This newspaper report was prompted by the wide spread misuse of affixing a flashing red light at the top of the motor vehicles carrying persons who are not authorized or entitled to use of the red light at the top of the vehicle in which they were travelling. In the writ petition it is pointed out that even hired cars are using red light, quite easily by taking money from the hirer. The Government quite casually ignores the wide spread misuse of the red lights. It is pointed out that the worse kind of misuse is when anti -social elements affix the red lights on cars which are not carrying high dignitaries in accordance with the various notifications issued by the Central Government or the State Government. By easily misusing the red lights even criminals are able to evade apprehension as they are not challenged by the traffic police or even by the other authorities. It is also pleaded that use of red lights has been restricted by notification No. 33 Press/79 dated July 26, 1979 to a number of high dignitaries. This notification has been followed by a number of notifications issued by the State of West Bengal. In these notifications the high dignitaries within the state have also been enumerated.
(2.) When this matter came up for hearing on February 23, 2007 directions were issued to restrict the use of the red lights to the dignitaries who are mentioned in the notification dated April 3, 2000 and December 31, 2001. This notification had been issued by the State Government purportedly under Clause (ill) of the Rule 108(i) of the Central Motor Vehicles Rule, 1989. However, when the matter came up for hearing before this Court it was pointed that even the aforesaid notification is contrary to the provisions of Rule 226(3) of the West Bengal Motor Vehicles Rules, 1989, consequently it was directed by this Court as follows: One thing, however, is clear from the provision contained in Rule 226 of the West Bengal Motor Vehicles Rules, 1989 that even if a person is entitled to use Red Light on the car, such Red Light should not be fitted at the top of the front side of the vehicle except in cases of Ambulance, Police Pilot Van and Fire Brigade Vehicles and such Red Light should be fitted in the motor vehicles near the front bumper of the vehicle. Therefore, there is no justification of allowing any vehicle to fix the Red Light at the top of the vehicle unless such vehicle happens to be a Police Pilot Van, Ambulance or a Fire Brigade vehicle. We, therefore, direct the State Government to strictly enforce the aforesaid Rule 226(3) of the West Bengal Motor Vehicle Rules, 1989 prohibiting fixation of Red Light at the top of the vehicle except for the aforesaid three categories.
(3.) It is not disputed by the learned Counsel for the parties that since the issuance of the order dated February 23, 2007, there has been no infringement thereof by any individual throughout the State of West Bengal. The red lights which even high dignitaries are entitled to put on the cars have been affixed strictly in accordance with the provisions of Rule 226(3) of the West Bengal Motor Vehicle Rules, 1989. When the matter came up for hearing on September 6, 2007 it was brought to the notice of the Court that in fact Rule 226(3) has now been omitted from the West Bengal Motor Vehicle Rules, 1989 by notification No. 2883 -WT/3M -118/2001 Pt -IV dated August 30, 2007 published in Calcutta Gazette On Friday, August 31, 2007. By this notification the West Bengal Amendment Rule, 2007 have been enforced. The amendment is as follows: Amendments (1) These rules may be called the West Bengal Motor Vehicles (Amendment) Rules, 2007. (2) These rules shall come into force on the date of their publication in the Official Gazette. 2. in the West Bengal Motor Vehicles Rules, 1989, Omit Rule 226 By order of the Governor (Sumantra Choudhury) Additional Chief Secretary to the Government of West Bengal;