MANINDERJIT SINGH BITTA Vs. VIJAY CHHIBBER & ORS.

JUDGEMENT

(1.) The instant contempt petitions have been filed by the petitioner herein highlighting the issue of implementation of Scheme of High Security Registration Plates (HSRP) in disobedience of this Court's order dated 08.12.2011 reported in (2012) 1 SCC 707 titled Maninderjit Singh Bitta vs. Union of India & Ors. and order dated 07.02.2012 reported in (2012) 4 SCC 568 titled Maninderjit Singh Bitta vs. Union of India & Ors. passed in W.P. No.510 of 2005 and connected matters. In these contempt petitions, the petitioner alleges that the respondents -contemnors have not ensured the implementation of the orders of this Court and have failed to discharge the statutory duty imposed upon them by law by not taking any appropriate action against M/s. Utsav Safety Systems Pvt. Ltd and its consortium partners for violating the terms of tender conditions and directions of this Court.

(2.) The matter was heard at length on various dates. Having regard to the arguments advanced in extenso, it is necessary to refer to the factual matrix of the case which led to the filing of these contempt petitions: - After the terrorist attack on the Parliament in 2002, urgency was felt to check usage of motor vehicles in terrorists' activities. Therefore, the Central Government on the recommendation of its Technical Committee devised the scheme of HSRP, so as to ensure public safety, security and to curb the increasing menace of vehicle thefts and their usage in commission of crimes like murder, dacoity, kidnapping etc. With this avowed object, Rule 50 of the Central Motor Vehicles Rules, 1989 (for brevity 'CMV Rules') which deals with "Form and manner of display of registration marks on the motor vehicles" was amended by the Central Government in exercise of its rule making power under Section 64 of the MV Rules. The amended scheme of rule 50 substituted the erstwhile system where the registration number was given by the RTO and the ordinary registration plates obtained from the open market were installed on the vehicles. Rule 50 was amended to ensure the technical competence of the prospective manufacturers, controlled issuance of registration plates and a manufacturer can manufacture the said plates only after it has got Type Approved Certificate (TAC) from one of the autonomous certifying agencies. Supply of the plates to the vehicular users can be made only after the grant of certificate of Conformity of Production (CoP).

(3.) The Government of India on 28.03.2001 issued a notification under Section 41(6) of the Motor Vehicles Act, 1988 (for short "the Act") read with Rule 50 of the MV Rules for implementation of the provisions of the Act in terms of sub -Section (3) of Section 109 of the Act. The Central Government issued an order dated 22.08.2001 which deals with various facets of manufacture, supply and fixation of new high security registration plates. The Central Government also issued a notification dated 16.10.2001 for further implementation of the said order and HSRP scheme. In order to implement the scheme, various States also invited tenders for manufacture and supply of HSRP.