Case against misuse of Red Light by some Indian Politicians

By Akhand in Bhubaneswar, India

A Public interest litigation has been filed before the Orissa High Court against the arbitrary use of red flickering lights on the rood top of the vehicles of some politicians and officers violating the flag code of India.

Utkal Vidyarthi Abhiyan, a registered organization has filled this PIL arguing that misuse of flickering red lights by all and sundry in the Government is creating difficulties for the general public as the vehicles are creating traffic and parking problems. It also felt that the misuse is adding to the growing menace of crime particularly terrorist activities using motor vehicle as a vital tool. 

Flag code of <?xml:namespace prefix = st1 />India, 2002 restricts the use of flickering red light to only those dignitaries who have the privilege of flying the National flag. Section IX, clause 3.44 of the above code clearly says the privilege of flying the National flag on motor cars is limited to president, Governors and lieutenant Governors, Heads of Indian Missions abroad in the countries to which they are accredited, Prime Ministers and all other Union Minister, Chief Minister and all other minister of a state or Union territories, speaker of Lok sabha, Deputy speaker of the Lok sabha, chairman of Legislative Assemblies in states and Union Territories, Deputy chairman of Legislative councils in states, Deputy speakers of Legislative Assemblies in states and Union Territories. Chief Justice of India, Judges of the Supreme court, Chief Justice of High Courts, Judges of the High Courts.

But in Orissa a large number of officials of the different Departments of Government, Judiciary and local bodies, state Government officials not connect with police, officials of Board of Revenue, Tribunal Judges, District Judges, Zilla parishad Chairman, police officers working in non-police Departments like printing press, OSRTC, Sports, GRIDCO etc, chairperson of different corporate bodies, OPSC chairman etc. are using red light although they are not authorized to do so, alleges Advocate Nishikant Mishra, General secretary, Utkal Vidyarthi Aviyan. 

As per Rule 99 of the Orissa Motor Vehicles Rules, 1993 “ A flickering red light with bulb of not more than seven Watts power may be fitted on the roof top and the vehicle used by the dignitaries who are authorized to fly or display National flag as per the instructions embodied in the Flag code of India on the Judges of the High court of Orissa of for police patrolling or for fire services purposes, provided that such lights shall be put to used only when the police patrolling or fire service vehicles are on actual duty.

Mr. Mishra added, Commerce and Transport Department of Orissa Government have been issued instructions to all concerns on the level of chief secretary to remove flickering red light from the roof of their vehicle that are not entitled to use red light. But after 11 years of that instructions nothing has been changed. Rather than unauthorized use of red light on the top front of vehicles is increasing, creating public nuisance and security hazard. 

The petitioners seek the intervention of the High court to direct the commerce and transport Department, State Transport Authority and Regional Transport officer in Cuttack and Bhubaneswar to take immediate action against the violators of the Indian Flag code.