MANINDERJIT SINGH BITTA Vs. UNION OF INDIA

JUDGEMENT

(1.) We had passed a detailed order on 7th April, 2011 referring to the judgments and directions of this Court in the cases of Association of Registration Plates v. Union of India, 2005 1 SCC 679and Maninderjit Singh Bitta v. Union of India, 2008 7 SCC 328. As is evident, the main judgment of this Court in the aforementioned case of Association of Plates (supra) was pronounced on 30th November, 2004 and further directions were issued on 8th May, 2008 in case of Maninderjit Singh Bitta (supra) to secure implementation of various statutory requirements as per the earlier judgment of this Court. The present order has to be read in continuation of our order dated 7th April, 2011 and the judgments referred supra.

(2.) Sufficient time has elapsed but default on the part of some States in complying with the directions of this Court still persists. In fact, seven years have elapsed but it appears to us that some States have not even taken initial steps to implement the scheme of High Security Registration Plates (for short, 'HSRP') in their respective States. We regretfully note that the situation in the present case is the converse of compliance. There is no State in the entire country which has successfully, in accordance with the statutory provisions and scheme, as approved by this Court, implemented the scheme in its entirety. As far as the financial limitations faced by different States are concerned, the matter was examined by this Court and their prayer for exemption was declined. However, they were permitted to complete the implementation of the scheme in phases. Of course, even such request was subsequently withdrawn.

(3.) The other matter with regard to permitting the HSRP to be fixed by private vendors, even if approved by the Government, was considered and for appropriate reasons, as stated in paragraphs 40 and 46 to 48 in the case of Association of Registration Plates (supra), rejected by this Court. It was held that "the interpretation sought to be placed by the petitioner on the said paragraphs of the Rule would result in frustrating the high security aspect and the object of the scheme of affixation of High Security Registration Plates on vehicles." In terms of paragraph 4 of clause 9 of the Motor Vehicle (New High Security Registration Plates) Order, 2001 "no high security plate shall be affixed outside the premises of the Registering Authority".