Constitutional authority can use beacons, red-light and sirens only when they are on duty

Supreme Court: Discussing the pivotal question that whether the use of beacons, red-light and sirens by persons other than high constitutional functionaries is lawful and constitutional, the 2-judge bench of Hon’ble G.S. Singhvi and C .Naggapan .JJ explained the scope of the term High Dignitaries used in proviso (iii) to Rule 108(1) of the Central Motor Vehicles Rules,1989 and held that it takes within its fold only the holders of various posts, positions and offices specified in the Constitution and nobody else and the red lights carrying the same with or without flasher can be used only while the specified high dignitary is on duty and not otherwise.
The scope of the term High Dignitaries beyond what is prescribed cannot be enlarged by any State Government or administration in UT's and are therefore required to amend the relevant rules and notifications. The men in uniform, operational agencies, ambulance services, fire services, emergency maintenance etc, and police vehicles used as escorts or pilots or for law and order duties shall not be entitled to have red lights but lights of other colours, e.g., blue, white, multicoloured, etc. In addition to that no motor vehicles except those specified in rules by the Central Government or the respective State Governments or UT's shall be fitted with multi-toned horns or with any other sound producing device giving an unduly harsh, shrill, loud or alarming noise.
The Court also stated that the police officers and other authorities entrusted with the task of enforcing the provisions of the Motor Vehicles Act, 1988 and the Rules framed thereunder must discharge their duties without any fear or favour and should impose appropriate penalty on those who violate the laws and prohibitions imposed by the relevant provisions and also ensure that multi-toned horns are removed from all the vehicles except those specified in rules by the Central Government or the respective State Governments. [Abhay Singh v. State of Uttar Pradesh, Special Leave Petition No.(C) No. 25237/2010, decided on December 10, 2013

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