Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1989- Motor Vehicles Act 1988 - s. 41 (6) rlw r. 50 of MV Rules |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Motor Vehicles Act, 1988 - s. 41 (6) rlw r. 50 of MV Rules, 1989- Issuance of notification under- For implementation of a new Scheme regulating issuance and fixation of new High Security Registration Plates (HSRP) - Invitation of tenders by various States to implement the Scheme - Writ petition filed challenging the power of the Central Government to issue such Notification as well as terms and conditions of the tender process - Dismissal of writ petition as also the connected matters by Supreme Court - Despite the aforesaid directions, non-implementation of the Scheme in its true spirit by most of the States - Various interim applications filed before Supreme Court - Held: As regards the status of implementation of HSRP Scheme in the respective States and Union Territories, the States of Meghalaya, Sikkim and Goa have implemented the Scheme, some of the States have initiated the process but could not complete it and some have not taken any steps in this regard - All those States which have invited tenders but have not finalized the same need to be cautioned that just taking a step in furtherance to the order of the Court cannot be even called substantial compliance much less complete compliance of the same in its true spirit and substance - Thus, they are directed to complete the process within the stipulated time and ensure implementation of HSRP Scheme at the earliest as also file affidavits before this Court showing complete compliance - As regards the category of States which have not even initiated any process for compliance of their statutory duty, it is an intentional disobedience of the orders of the Court- Obedience of orders of this Court is necessary for preserving the integrity of the constitutional institution - It is not only desirable but an essential requirement of law - Such course attains greater significance since it is in relation to attainment of a public purpose and public interest - Thus, the Secretary, Transport Commissioner, State Transport Authority of the defaulting States of Delhi, Punjab and Uttar Pradesh directed to be c present on the next date of hearing and show cause why proceedings under the provisions of the Contempt of Courts Act, 1971 be not initiated against them, and also comply with other directions contained in the said Order - Senior officers of the other defaulting States which have not taken any steps directed to file a personal affidavit stating the reasons for not complying with the said Order - In the event of default; proceedings would be initiated against them under the provisions of the Contempt of Courts Act and costs would also be imposed, recoverable from the defaulting officers personally - Motor Vehicles Rules, 1989 - r.50 - Contempt of Courts Act, 1971. |
Judge | N/A |
Neutral Citation | 2011 INSC 280 |
Petitioner | Maninderjit Singh Bitta |
Respondent | Union Of India & Ors. |
SCR | [2011] 5 S.C.R. 142 |
Judgement Date | 2011-04-07 |
Case Number | 510 |
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