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Synopsis

In a significant move, a Mobile Magistrate (Traffic) in Jammu and Kashmir has taken suo motu cognizance of the illegal use of beacons and sirens on vehicles by civil servants, politicians, judicial officers, and workers of various political parties in north Kashmir.

The court, presided over by District Mobile Magistrate (DMM) Javaid Ahmad Parray, directed the Inspector General (IG) of Traffic Kashmir to constitute a special team to clamp down on violators in three districts - Baramulla, Bandipora, and Kupwara. The traffic magistrate took suo motu cognizance of the breach of traffic rules after being apprised of the situation by traffic officials.

The court highlighted that the use of red beacons and multi-toned sirens has become a menace, causing noise pollution and promoting a VVIP culture antithetical to the principle of equality enshrined in the Constitution of India.

The DMM further pointed out that “there has been abysmal failure on the part of the concerned authorities and agencies of various State Governments and the Administration of the Union Territories to check misuse of the vehicles with red lights on their top. So much so that a large number of persons are using red lights on their vehicles for committing crimes in different parts of the country and they do so with impunity because the police officials are mostly scared of checking vehicles with red lights, what to say of imposing fine or penalty.”

The court noted that “it is deemed proper to pass some orders so as to ensure that violators of rule 108 and 119 of Motor Vehicles rules 1989, irrespective of their status or rank are dealt with iron hand.” In furtherance, it directed the authorities to remove unauthorised equipment, and in case of resistance, seize the vehicle and report to the court promptly. The teams constituted for this purpose have been instructed not to be influenced or intimidated by the rank or status of the violator.

The court also directed the Deputy Commissioners of the three districts to issue special orders directing all subordinate officers not to use red beacons and multi-toned sirens on their vehicles. Non-compliance with these directions will make officers liable for contempt of court.

The court referred to a landmark judgment passed by the Supreme Court of India in the case of Abhay Singh v/s State of Uttar Pradesh, which prohibits the use of red beacons and sirens by unauthorised individuals. The court observed that no government officer, civil servant, or judicial officer, except those mentioned in SRO 55, is authorised to use red light with flasher, red light without flasher, and blue, white, and multi-colored lights on the top of vehicles.

The matter will be next heard on August 15, and the court has directed the IG Traffic Kashmir, DIG North Kashmir, and Deputy Commissioners of the three districts to file an action taken report in compliance with the directions.