Srinagar, Aug 24, KDC: The Special Mobile Magistrate (Traffic), Kashmir Province, Srinagar, has directed the SSP Traffic Rural Kashmir to physically inspect the official vehicle used by Tehsildar Sopore Tariq Ahmad Sheikh to ascertain whether it is fitted with a red/blue beacon light and/or multi-toned siren and whether the same is being used under any valid authorisation permissible under law.
The direction was passed in a case filed by Muzaffar Ahmad through advocates Sajad Mohi-ud-din and Haroon Rashid against Tariq Ahmad Sheikh, Tehsildar, Sopore.
The application alleged wilful and unauthorised use of a red beacon/warning light and multi-toned siren on the official vehicle of the Tehsildar, in violation of Rule 108 and 119 of the Central Motor Vehicles Rules, 1989, as amended by Notification G.S.R. 423(E) dated May 1, 2017, and SRO 55 of 2014 applicable to the Union Territory of Jammu and Kashmir.
The applicant stated that the 2017 amendment omitted the erstwhile exemption available to vehicles carrying “high dignitaries” and that consequently no functionary, including a Tehsildar, possesses any independent statutory entitlement to affix or use a red/blue beacon or multi-toned siren, except as may be specifically notified for authorised categories under the Rules.
The application also relied upon the observations of the Supreme Court in Abhay Singh v. State of Uttar Pradesh, AIR 2014 SC 427, regarding unrestricted beacon use.
In support of the application, screenshots and a link to a social media video on Facebook were placed on record. The order states that the video had reportedly been viewed approximately 172,000 times and credited to journalists Junaid Bhat and Bilal Ahmad Dar. It allegedly depicted the non-applicant giving a roadside media interview from his official vehicle, upon which a red beacon/warning light was stated to be visibly affixed.
After perusing the application, annexed screenshots and material placed on record, the court observed that a prima facie case was made out warranting an inquiry into the factual position, namely whether the vehicle was fitted with an unauthorised beacon light/multi-toned siren in contravention of the Central Motor Vehicles Rules, 1989, SRO 55 of 2014 and the judgment of the Supreme Court in Abhay Singh v. State of Uttar Pradesh, AIR 2014.
The court accordingly directed the SSP Traffic Rural Kashmir to physically inspect the official vehicle used by Tariq Ahmad Sheikh, Tehsildar, Sopore, and ascertain whether the vehicle is fitted with a red/blue beacon light and/or multi-toned siren and, if so, whether the same is used under any valid authorisation permissible under law.
The court further directed that if an unauthorised beacon light or multi-toned siren is found affixed to the vehicle, the inspecting authority shall forthwith seize/remove the same and initiate action against the vehicle and the person responsible for its use, strictly in accordance with the Motor Vehicles Act, 1988, the Central Motor Vehicles Rules, 1989, SRO 55 of 2014 and the judgment of the Supreme Court in Abhay Singh v. State of Uttar Pradesh, AIR 2014.
A compliance/inspection report, along with photographs of the vehicle and a statement as to the outcome of the inspection, has been directed to be submitted before the court within two weeks from the date of receipt of the order.
The court has further directed Tariq Ahmad Sheikh, Tehsildar, Sopore, to appear before it, either in person or through counsel, on the next date of hearing and show cause as to why appropriate action/proceedings, including under the Motor Vehicles Act, 1988 and the Rules framed thereunder, should not be initiated against him for the alleged unauthorised use of a red beacon/warning light and multi-toned siren on his vehicle.
The matter has been listed for September 10, 2026, for filing of the compliance report and appearance of the non-applicant. (KDC)
