9911796707
TMI Blog2002 (11) TMI 680X X X X Extracts X X X X X X X X Extracts X X X X ..... to have stricter norms to ensure greater security against car thefts and the consequential crimes committed using stolen cars, the Government of India has amended rule 50 of the Motor Vehicles Rules. New specifications are provided for high security registration plates. In this respect, the Government of India has issued four notifications which are as under : "( i )G.S.R. 221 (E) Notification dated 28-3-2001 ( ii )S.O. 814(E) Notification dated 22-8-2001 ( iii )S.O. 938(E) Notification dated 24-9-2001 ( iv )S.O. 1041(E) Notification dated 16-10-2001". 3. The first notification of 28th March, 2001 brought an amendment in rule 50 of the Rules and set out the broad security fixtures of the new registration plates. The second noti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ebsite stated clearly that the hologram to be stamped by it contains the Ashok Chakra and not the Chakra . It is stated that no person has right to use the Ashok Chakra , which is a part of the National Flag, on the registration plates, much less the respondent No. 3. It is not only violative of notifications but subjected to dirt and other types of obnoxious treatment and is thus clearly violative of : (1) Emblem and Names (Prevention of Improper Use) Act, 1950, (2) Flag Code of India, 2002 and (3) Prevention of Insults to National Honour Act, 1971. 6. When the petition came up for hearing on 2nd September, 2002, Rule D.B. was issued and in CM No. 9300/02 for stay the following order was passed after hearing the respondents 1 4 w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and not Ashok Chakra . Accepting the contention of the respondents and dismissing the said writ petition. The Madras High Court passed the following order : This pro bono publico petition has been filed by the petitioner for Writ of Mandamus, directing the respondents to strictly adhere to the specifications formulated by Indian Standard Institute for the National Emblem Ashoka Chakra for the Chromium based Chakra embedded hologram instead of Chakra design shown in the Annexure in the Motor Vehicles (New High Security Registration Plates)(Amendment) Order, 2001 as notified by the first respondent by order dated 16-10-2001 in S.O. 1041(E). 2. The first respondent issued a notification dated 28-3-2001 in G.S.R. 221(E) by introduc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing respondent No. 3 at the time of arguments. However, in the counter affidavit filed on behalf of respondent No. 3 stand taken is that as per the Notification hologram Chakra permitted therein is nothing but Ashok Chakra and, therefore, it could use the emblem Ashok Chakra and having this understanding, on its website also Ashok Chakra was used. But, after order dated 2nd September, 2002 the said hologram is removed from the website. 10. Referring to the aforesaid affidavit of respondent No. 3, Mr. Neeraj Kishan Kaul, learned senior counsel appearing for the petitioner vehemently argued that the Type Approval Certificate given to respondent No. 3 was clearly illegal which should be cancelled and the respondent No. 3 should be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .S. Chandhiok, learned senior counsel appearing for respondent No. 3 made a categorical statement that respondent No. 3 was not insisting on the use of Ashok Chakra and would use only Chakra as prescribed in the Notification dated 16th October, 2001. It was further submitted that the sample and drawings given to respondent No. 2 for approval were only of Chakra and not Ashok Chakra . Although no specific averments are made to this effect in its counter affidavit, however in the counter affidavit filed by respondent No. 2 it is specifically averred that the samples and drawings submitted by respondent No. 3 to respondent No. 2 were only of Chakra and not Ashok Chakra and, therefore, Type Approval Certificate was granted to respond ..... X X X X Extracts X X X X X X X X Extracts X X X X
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