In restricting the use of red beacons to constitutional heads, the Supreme Court last week overruled a 20-year-old Allahabad High Court decision given by a Bench comprising the present PCI Chairman Justice Markandey Katju that entitled all judges of the High Court to have red beacons on their official cars. At present, there are 111 HC judges in UP.

Also, the apex court’s ruling means except for the Chief Justice of a High Court, no other judge in a State will be entitled to use the red beacon. The SC’s move will thus affect over 600 HC judges across the country.

The race for beacons among judges was not restricted to UP alone. The apex court was also presented with two similar orders passed by the Andhra Pradesh High Court and the Madras High Court. This led the apex court to issue a blanket stay on any such order by any court to enable State Governments to implement the SC order before July this year.

The Motor Vehicle Rules of 1989, in particular Rule 108, permits Central and State Governments to specify “high dignitaries” so as to enable them red beacons on their official cars. It was under this head that judges got red beacons.

In 1993, two judges of the Allahabad High Court were stopped on way to the court by a traffic constable near lucknow. This offended the judiciary in the State and prompted a Bench comprising the then Justices D Chauhan and Markandey Katju to summon the Transport Secretary and issue an order on April 5, 1993 to include judges of High Courts under the definition of “high dignitaries” specified in Rule 108. It said that judges are constitutional appointees and hence, high dignitaries who possess the faith of the people and so their vehicles should not be stopped as it amounts to contempt.

The Madras High Court on March 18, 2011 issued guidelines to the State Government on the persons who are entitled to use red beacons. A Bench headed by then Chief Justice MY Eqbal, who is presently a Supreme Court judge, allowed the use of red beacon with flasher atop the vehicles of the Governor, Chief Minister, Deputy Chief Minister, Chief Justice, Judges of the High Court, Speaker of the legislative Assembly, Cabinet Ministers, leader of the Opposition, State Ministers, Advocate-General, Chief Secretary, DGP, Chairman of the legislative Council, State Election Commissioner, lokayukta, Chairman of the Advisory Board constituted under the NSA and under the Tamil Nadu Act and Nawab of Arcot Mohammad Abdul Ali.

As for the Andhra Pradesh High Court, its order related to guidelines for personal security officers (PSO) in the State and did not refer to red beacons as such.

But the misuse of red beacons in the State is rampant and unchecked. As per Rule 313 of the AP Motor Vehicles Rules, red beacon cars are given only to Governor, Chief Justice, Judges of High Court, Chief Secretary, DGP, lokayukta, AP Administrative Tribunal Chairman and Vice Chairman.

Only some 80 officials, including Cabinet Ministers, are entitled under the law for red or blue beacons in Andhra Pradesh, but over 300 persons flash beacons in blatant violation of the rule.

According to a notification dated January 11, 2002 in Delhi, lieutenant Governor, Chief Minister, Chief Justice of the Delhi High Court, Judges of High Court, Speaker Delhi legislative Assembly, Delhi Cabinet Ministers and leader of the Opposition in Delhi legislative Assembly are entitled to use red beacons with flashers while State Election Commissioner and Deputy Speaker of Delhi Assembly, Chief Secretary and General Officer Commanding of Delhi Area are entitled to red beacon without flasher. Recently, the Ministry of Home Affairs permitted even the Divisional Commissioners and 11 Deputy Commissioners (revenue) in the national Capital to avail the privilege.

The Supreme Court, while examining the responses received from States regarding use of beacons, was shocked to find that in some States the list ran into several thousands, such as in Uttar Pradesh and Punjab.

The gross misuse of beacons came along with another disturbing fact about State Governments spending crores of rupees on VIP security. Punjab spends Rs 180 crore of taxpayers’ money to protect 1,294 public functionaries and private individuals, UP spends almost an identical amount month to protect 111 HC judges, 527 MPs and MlAs, 76 District and Panchayat heads, 14 former judges, 155 ex-MPs and MlAs; and Bihar spends Rs 141 crore annually to protect nearly 4,000 persons.