Now, 3 years in jail for beacon misuse

ENS, Kolkata, May 17 2013: Misuse of red beacons on vehicles is now a criminal offence, and one could now end up in jail for a maximum period of three years for it.

In a stringent order, the Calcutta High Court on Friday ruled that police can initiate criminal proceedings against any person under sections 420 (cheating) and 419 (punishment for cheating by personation) of the Indian Penal Code (IPC) for misuse of beacons on vehicles. The provisions entail a maximum of three years in jail, though the offence is bailable.

Till now, police used to initiate proceedings under the Motor Vehicles Act against the violators which would entail a minimum penalty of Rs 100.

Observing that a number of cases of misuse of red beacons were before the High Court, the Division Bench of Justice Ashim Kumar Roy and Justice M P Shrivastava passed the order to prevent the misuse with application of a strict section of the law as the penalty of a mere Rs 100 was not proving to be a deterrent.

The High Court also said that no sanction from the state government would be required for the police if any government official or VIP misused the beacons.

It is to be noted that the MPs are not entitled to use the red beacons on their cars .

The bench also directed that advertisements in newspapers be given stating positions entitled for use of red beacons or flashers on vehicles.

Few months ago, while hearing an anticipatory bail plea, the High Court had directed the police to take proper steps to stop the misuse of red beacons.

Kolkata Police Commissioner Surajit Kar Purakashthya refused to comment on the High Court's order but said the police would follow it.

KalimNews, Inputs from agencies: As per this notification No. S.O 52(E) dated 11^th January 2002 issued by the Ministry of Road Transport and Highways, Government of India, the dignitaries listed in clause (a) and clause (b) can use the red light with or without flashers respectively.

As per Clause (a) of the aforesaid notification, the following persons are entitled to use a red light with a flasher while on duty anywhere in the country:

1)      President;

2)      Vice President;

3)      Prime Minister;

4)      Former Presidents;

5)      Deputy Prime Minister;

6)      Chief Justice of India;

7)      Speaker of the Lok Sabha;

8)      Cabinet Ministers of the Union;

9)      Deputy Chairman of the Planning Commission;

10)  Former Prime Minister;

11)  Leaders of the Opposition in the Rajya Sabha and the Lok Sabha;

12)  Judges of the Supreme Court.

As per Clause (b) of the aforesaid notification, the following dignitaries can use a red light without a flasher while on duty anywhere in the country:

1)      Chief Election Commissioner;

2)      Comptroller and Auditor General of India;

3)      Deputy Chairman Rajya Sabha

4)      Deputy Speaker, Lok Sabha

5)      Ministers of the state of the Union

6)      Members of the Planning Commission

7)      Attorney General of India

8)     Cabinet Secretary

9)    Chiefs of the Staffs of the three services holding the rank of the full general or equivalent rank

10)   Deputy Ministers of  The Union

11)  Officiating  Chiefs of the Staffs of the three services holding the rank of Lt. General or equivalent rank

12)  Chairman, Central Administrative tribunal

13)  Chairman, Minorities Commission

14)  Chairman, Scheduled Castes and Scheduled Tribes Commission

15)  Chairman, Union Public Service Commission

Others are :

Amber beacon [Yellow or Blue]

District Judges only in jurisdiction state

Commissioners of Income Tax and Additional Commissioners of Income Tax only in jurisdiction state

Divisional Commissioners only in jurisdiction state

Inspector Generals only in jurisdiction state

Deputy Inspector Generals only in jurisdiction state

Senior Superitendents of Police only in jurisdiction state

District Collectors or District Magistrates only in juridiction state

[Blue beacon also used instead of yellow beacon in some states of India]

Blue beacon 

• Ambulances
• Police vehicles

As per Clause (c) of the aforesaid notification, if a vehicle carries a dignitary who has been formally designated as equivalent in rank, status and in privileges to those as referred in clauses (a) he or she shall be entitled to use the red light with flasher.

If the vehicle carries a dignitary who is equivalent to the rank, status and privileges to those referred in Clause (b) he or she shall be entitled to use the red light without flashers.

Where the vehicle is carrying dignitaries who have been assigned ranks in their personal capacities by the Ministry of Home Affairs, they shall be entitled to use the red light as per their corresponding privileges i.e. with or without flashers in the manner allowed for dignitaries in clause (a) and (b).

The notification furthers makes it clear that where the vehicle is not carrying the dignitary, the  red light must not be used and must be covered with a black cover.

At the same time, the state governments and the Union Territory Administration has been empowered to issue notifications in respect of the use of red lights by dignitaries in the state such as the Governor, Chief Minister, Chief Justice and High  Court Judges, Chairman , Speaker and Cabinet Ministers of State and Union Territory Legislatures.

State transport secretary G P Gopalika on stated that only 14 officials are entitled to use a red beacon with flasher atop their car and 20 are permitted to use a beacon without a flasher in West Bengal .According to the transport secretary's affidavit, the following post-holders of the state are permitted to use a beacon with a flasher atop their cars: The governor, the chief minister, governors of other states, lieutenant governors of union territories, chief minister of other states, deputy chief minister of the state and of other states, the chief justice and judges of the state high court, chief justice and judges of other high courts, speaker and deputy speaker of the state assembly and that of other states, cabinet ministers and ministers of state and those of other states, deputy minister of the state and those of other states, leader of opposition in the state, advocate general of the state and additional solicitor general of the state (eastern region).

Among those who can use beacons without a flasher are the Kolkata mayor, the chairman of Bidhannagar Municipality, the police commissioner and the vice-chancellors of universities.