SUDARSHA AVASTHI Vs. STATE OF U.P.

JUDGEMENT

(1.) SINCE , in the present writ petition no factual dispute has been raised by the parties' counsel, hence, with the consent of parties' counsel, we proceed to decide the writ petition finally at admission stage.

(2.) FEELING aggrieved with the unauthorised use of red or blue lights, hooters and plying of vehicle in the State of U. P. having safety glasses inside window without having any visual transmission of light and using of plaque or board or plates indicating post, office or designation by private and Government bodies, the petitioner a public spirited citizen had approached this Court under extraordinary remedy of Article 226 of the Constitution of India. Attention has been invited by the petitioner that it has become status symbol in the State of U. P. to ply vehicle on road in violation of provisions contained in Motor Vehicle Act, 1988 (in short hereinafter referred as the Act) and the provisions contained in Central Motor Vehicle Rules, 1989 (in short hereinafter referred as the Central Rules) as well as U. P. Motor Vehicle Rules, 1998 (U. P. Rules). According to petitioner's counsel the antisocial elements, persons involved in organised crime used to move in vehicles having window glass without any visual transmission of light. According to petitioner's counsel special drives launched by the State Government to stop the vehicle plying on road in violation of the Act or Rules have failed to achieve its object, and the high and mighty persons are still moving on road abusing the provision of Motor Vehicle Act and Rules framed thereunder.

(3.) THE newspaper report which is the part of present writ petition as well as letter received from a citizen indicates that a vehicle was found plying on road with a big board affixed in front of the vehicle showing the designation of the owner as National Secretary of a political party. The board has been affixed in such a manner that number of plates become invisible. One another newspaper report contains a photograph which indicates that without getting a car registered to the Motor Vehicle Department the owner of the Vehicle was plying the same only by affixing a board indicating thereon the designation or post of a political party. Newspaper report further indicates that beacon red and blue lights and hooters are being used by member of political parties and when they are checked, the officers suffered with great resentment and threat. From the newspaper report as well as the argument advanced by the petitioner's counsel, it borne out that in the State of U. P. vehicles are plying by mighty persons with unauthorised red or blue beacon lights fixing big boards, or plates adjacent for 'car and windscreen with glasses without any transmission of light. On account of invisibility no one can see as to who are sitting in the vehicle. During the course of argument the attention was invited of this Court by the Bar that sometimes it has been noticed that the vehicle plying on road with no visual transmission of light possess armed personnel sitting in the vehicle and sometime moving collectively in the group of two or more vehicles. It has been submitted that on account of lack of visual transmission of light in the side window glasses it shall not be possible to police, members of intelligence, local intelligence unit or other persons to take notice as to who are occupying the vehicle. Such vehicles are not used only by law breakers of a section of elite class but also by mafias and criminals involved in kidnapping for ransom in the State of U.P.