Taking cognisance of instances of unauthorised use of names similar to government agencies, including that of the Police Department, on private vehicles, the High Court of Karnataka has directed the government to issue a public notice setting a one-week deadline for private individuals and organisations to remove such names from private vehicles.
The court said the government should issue a public notice in newspapers and electronic media cautioning the public that penal action will be initiated against private individuals and organisations if unauthorised names are not removed from the number plates within a week from the date of notice.
Justice R. Devdas issued the direction during the hearing of a petition filed in 2017 by one Ananda Shetty of Mangaluru. The petitioner had questioned registration of a criminal case against him by the Mangaluru north police for offences punishable under the Emblems and Name (Prevention of Improper Use) Act 1950, and the Indian Penal Code for using the name ‘National federation of human rights council’, which is similar to the name of the National Human Rights Commission (NHRC), and hence, giving an impression that the organisation of the petitioner is part of NHRC.
Taking note of the advisories issued by the National Human Rights Commission in 2009 and 2010 asking the Chief Secretaries of all State governments to take legal action against those using names and emblems similar to that of the National Human Rights Commission or the State Human Rights Commission, the court found that there is a need to take judicial note of misuse of names or those similar to government agencies.
Additional Advocate General Prasanna Deshpande brought to the court’s notice that not only of NHRC, even names similar to entities of the government were being used on number plates in a manner that one would believe that the vehicles actually belonged to the government agencies.
Names like “Karnataka Sahakara”, which is similar to “Karnataka Sarkara” in Kannada language, and the word “POLITE” instead of “POLICE” were being used on vehicles and their number plates, it was pointed out to the court.
The court also noted that using such names on number plates of private vehicles was violation of the Motor Vehicles Act and the rules.
