Madras High Court declines to modify its order on the use of red beacon lights

Virtually rebuffing the Tamil Nadu government, the Madras High Court on Monday observed, “If the officers of the State of Tamil Nadu right from the Collector up to the Inspector of Police cannot do their duty without the use of red beacon light, there can be no difficulty if the government provides red beacon light to them, and yellow light to the High Court Judges.”

The First Bench, comprising Chief Justice M.Y. Eqbal and Justice T.S. Sivagnanam, made the observation while passing orders on a petition filed by the Tamil Nadu Home Secretary seeking modification of a court order of March 17 this year. In its order on a petition relating to the misuse of red beacon light by unauthorised persons for illegal activities, the Bench last month had issued a set of guidelines.

Now, the Home Secretary filed a petition seeking to modify last month's order. In the petition, it was stated that in addition to the persons mentioned in the March 17 order, other officers, right from the District Collector up to the Chairman, Tamil Nadu Public Service Commission, be also authorised to use the red beacon light.

The Bench observed, “For the present, we do not appreciate the conduct of the department in filing this modification petition that too when the Model Code of Conduct is still applicable, and on that ground, they have instructed the learned Advocate-General and the learned Government Pleader to submit that the government will follow the guidelines that may be issued by this court.”

It said that while on the one hand when it was argued at the time of passing the earlier order that it was a matter of policy decision of the government and unless the new government assumed office, no notification could be issued, “we fail to understand as to how the Home Secretary is so concerned about modification of the order for inclusion of names of some of the officers authorising them to use the red beacon light,” the Bench said and declined to review or modify its order.

Perhaps, some of the officers who had not been authorised in the March 17 order to use the red beacon light had persuaded the Home Secretary to file this modification application although the model code of conduct was still applicable, the court said.

The Bench said as soon as the new government was formed, it would take a decision in the matter and issue notification to that effect.

The matter has been posted for further hearing in the third week of June.