Unfortunate Tendency Amongst Ex-MPs And Ex-Legislators Misusing Emblems, Flags, Names On Letterheads And Vehicle Number Plates: Karnataka High Court
The Court said that the misuse of symbols, seals, flags, emblems, and names needed to be addressed due to their illegal and unauthorized display in various locations and forms.
The Division Bench of Chief Justice N.V. Anjaria and Justice M.I. Arun observed, “It is true and unfortunate that there is tendency amongst the constitutional authorities who are the former authorities no more in the office, the former Members of the Parliament or Ex-Legislators have been misusing the Emblem, Flags, Names, etc. by fixing them in their letter heads and the number plates of the vehicles. This conduct is both unfortunate and depreciable.”
The Court added, “The state of affairs prevails in the society which needs to be immediately remedied by the law enforcing agencies that the people at large are witnessed on public roads and public places and also the institutions who have been unauthorisedly using the emblem, government names, department names in contravention of Rule 10 of the State Emblem of India (Regulation of Use), 2007 aforementioned that the said rule contains a prohibition.”
Advocate Sohani A. Holla appeared for the High Court Legal Services Committee, while Assistant Solicitor General H. Shanthi Bhushan represented the Respondents.
Brief Facts
A PIL was filed following an order passed by the Karnataka High Court in Sri Ananda Shetty v. State & Anr. (2017) wherein the issue involved was the use and misuse of “Human Rights Commission”. The order read as,
"During the course of the proceedings, having regard to the submissions made at the Bar, this Court found that the names of "Human Rights Commission" and many other such statutory and constitutional authorities were being misused by many persons. It was found that various NGOs/Organisations/Societies and individuals have been misusing such names on the number plates of private vehicles. It was found that the name of the State Government was being used on the number plates, which again would be in contravention of the provisions contained in the Motor Vehicles Act and Rules. Consequently, various directions were issued by this Court to the respondent-State Government, through Home Department and Transport Department to ensure that the names of the State Government, the Central Government, Statutory Authorities and Commissions shall not be used on the number plates of the private vehicles. The directions were given to ensure that all such unauthorized number plates are removed and penalty be imposed.
It was further noted in the order that despite efforts by the State, unauthorized number plates could still be found on vehicles plying on the roads. The Single Judge requested the High Court Legal Services Authority to register a public interest litigation in the subject matter before the High Court.
The High Court Legal Services Authority, the Petitioner herein, highlighted the issued which were identified by the Court while dealing with the issue:
“(i) Names of "Human Rights Commission" and many such other statutory and constitutional authorities are misused by public.
(ii) Various Non-Governmental Organizations, organizations, societies and individuals have been misusing such names on the number plates of private vehicles.
(iii) Corporators/ex-corporators of various municipal corporations, municipal councils etc., and members/ex-members of various Panchayats use their designations on private vehicles in violation of provisions of Acts and Rules.”
Reasoning of the Court
The Court noted that the State Emblem of India (Prohibition of Improper Use) Act, 2005 was enacted to provide a legal framework governing the emblem’s use on seals, stationery, vehicles, and public buildings, ensuring its protection from misuse.
The Court said, “…the State Emblem of India being the official seal of Government, its use in any manner and in any document or anything leads to create an impression that it is an official document or thing of the Government. Therefore, it is considered appropriate to prevent its misuse by unauthorised persons. It is stated that use of emblem, unless authorised, by the Central Government cannot be permitted by the member of public including retired government officials and public servants as also it cannot be permitted to be used and its improper use has to be prohibited for professionals and commercial people who use such emblem for such private projection.”
The Bench observed that under Section 3 of the 2005 Act, it has been clearly provided that no person shall use emblem or any colourable imitation in any manner which tends to create an impression that it relates to the Government or that it is an official document, "person" includes a formal functionary of the Central Government or the State Governments.
The Court observed, “It is true and unfortunate that there is tendency amongst the constitutional authorities who are the former authorities no more in the office, the former Members of the Parliament or Ex-Legislators have been misusing the Emblem, Flags, Names, etc. by fixing them in their letter heads and the number plates of the vehicles. This conduct is both unfortunate and depreciable. The misuse of Symbols, Seals, Flags, Emblem and Names have to be countered for their illegal and unauthorised display at various places in various manners.”
The Court referred to the decision of the Madras High Court in S. Mukachand Bothra (deceased) v. Central Government & Ors. (2022) wherein it had been held that misusing of the emblems, etc. seriously to observe that the constitutional authorities while holding office and after demitting the office were expected to maintain good conduct in all respects.
The Court observed that the prevailing situation in society where individuals and institutions are seen publicly using emblems and Government names in violation of Rule 10 of the 2007 Rules required urgent action by law enforcement.
Accordingly, the Court allowed the petition and issued a writ of mandamus to the Secretary, Ministry of Home Affairs; Secretary, Ministry of Road Transport; Director, Ministry of Consumer Affairs, Government of India; Principal Secretary, Department of Home; and Principal Secretary, Department of Transport, Government of Karnataka, and directed them to strictly implement the provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950 and Rules, 1982; the State Emblem of India (Prohibition of Improper Use) Act, 2005; the State Emblem of India (Regulation of Use) Rules, 2007 and 2010; and all relevant provisions of the Central Motor Vehicle Rules, 1989, particularly Rules 50 and 51 and Karnataka Motor Vehicle Rules, 1989, particularly Rule 145-A.
The Respondents were further directed to ensure that all implementing authorities comply with these laws. In addition, the Court issued specific directions: to issue public notices via print and visual media requiring removal of unauthorised emblems, flags, stickers, and names within four weeks; to sensitise officials and enforcement bodies to prevent such misuse; to take stern action wherever such misuse is found; to register cases under applicable laws upon verification of complaints; to involve school children and law students in awareness efforts; to frame rules prescribing fines and licence cancellation for violations; and to train traffic police to monitor and act against such misuse.
Cause Title: High Court Legal Services Committee v. Principal Secretary, Govt. of Karnataka & Ors. (Writ Petition No.4635 of 2024 (GM-RES-PIL)
Appearance:
Petitioner: Advocate Sohani A. Holla
Respondents: Additional Solicitor General H. Shanthi Bhushan; Additional Government Advocate Niloufer Akbar