Govt lawyers, judicial officers can't be permitted to display names, designations on vehicle number plates; law applies to all: Kerala High Court

The Kerala High Court on Wednesday directed all Government Pleaders (GPs) to remove their names and designations from the registration plates of their respective vehicles within a week. .The Court also directed the State to submit a compliance report regarding the same by next Wednesday..Justice Anil K Narendran strongly rebuked the violation of Motor Vehicle Regulations in this regard by the government lawyers. "This cannot be permitted by anyone, judicial officers, law officers, even high court vehicles. The law applies to all," he said. .The main focus of the hearing today was on the display of designations on number plates of Government Pleaders, Central Government counsel and judicial officers. "Even now, even Government Pleaders are having unauthorised names on number plates. Their designation is written on the number plates in violation of Rule 36. How many GPs have their designation on number plates," the Court remarked. .Upon the Government Pleader's response that he isn't aware of the exact details but will verify and rectify soon, Justice Narendran suggested, "Go check the chamber compound today, you’ll see how many vehicles are there (violating the rules)".In a judgement dated October 28, 2019, the High Court had issued a comprehensive list of guidelines to be followed by all motor vehicle users to ensure the safety of other road users. The Court had issued these directions while hearing a petition filed by the Principal of a school to change the class of their school bus. Over the course of the case, the Court had noted that vehicles that were violating regulations were being permitted to be used in the state. Therefore, the Court had passed a judgement with several directions to ensure that vehicles comply with Motor Vehicle Rules..Regarding the use of emblems and display of flags, the Court had held that it "shall be permitted only on vehicles carrying the constitutional authorities and other dignitaries specified in Part I and Part II of Schedule II of the State Emblem of India (Regulation of Use) Rules, 2007 / the dignitaries specified in clauses (1) to (7) of Paragraph 3.44 of the Flag Code of India, 2002." Further, the rule making power under Section 62 (2)(p) of the Motor Vehicles Act does not empower the State Government to permit use of ‘name board’ on a motor vehicle on any unauthorised motor vehicle, it had ruled..Regarding the display of name boards and designations, the Court had noted that several vehicles continued the practice and that some designations were included even on the registration plate. "Letters, words and symbols other than the registration mark are inscribed or written on the registration plate of such vehicles, in violation of the provisions under sub-regulation (3) of Regulation 36 of the Motor Vehicles (Driving) Regulations, 2017," it had said. .Subsequently, the Transport Commissioner was directed to file a report on the actions taken in accordance with said directions. The case was heard again today when the Judge voiced his observations regarding the use of emblems and display of designation on name plates by Government Pleaders, Central Government Counsel, law and judicial officers. .In today's hearing, Government Pleader Santhosh Kumar informed the Court that due to the COVID-19 lockdown restrictions that were imposed in the State over the last three months, the authorities haven't been able to collect complete details of vehicles violating such rules and submit a detailed report at this time..However, Justice Nanerdran refused to accept the same and pulled up the authorities for permitting the continued display of name and designation on the registration plates. .He remarked that just days ago, he had seen vehicles parked outside the Kerala High Court building with names written on number plates in blatant violation of Regulation 36 of the Motor Vehicles (Driving) Regulations, 2017..He also noted that white Balero jeeps which resembles police vehicles had a sign saying "COVID defence team" and the same were being used with the registration mark displayed inappropriately. Images of such vehicles were published in a Malayalam news paper recently as well, he added. "Are there any special rules for such persons?", he asked. .Government Pleader responded by assuring the Court that if the authorities can detect such violations, they will certainly rectify the matter and impose penalties where necessary. However, he sought a change in the directions issued by the Court on the ground that as per Rule 92A of the Kerala Motor Vehicle Rules, certain authorities are entitled to display their designations.."I have also seen some vehicles parked in front of high court building which are having sun control, curtains and in order to identify the political party, those vehicles are having some garlands. The police and also the motor vehicle enforcement officers, it appears that they are afraid of such persons," Justice Narendran further observed..The State is expected to file its compliance report within a week and the case will be heard again on July 14.