JUDGMENT The Court : This public interest litigation has been moved at the instance of Calcutta 36, a society registered under the Society Registration Act, working in the field of environment, for a direction upon the respondents to stop the misuse of red lights in the vehicles of the persons who are not entitled to use such lights in their vehicles and for implementation of Rule 108 of the Central Motor Vehicles Rules and notifications thereunder if any, and for other incidental reliefs. In spite of repeated notices having been served upon the respondents, no one appeared at the time when this public interest litigation was taken up for final disposal. 2. The writ petitioner is a coordinating body association having as members persons engaged in social work for upliftment of the conditions of the Calcutta Metropolitan area. A large number of persons of such association are eminent persons, scientists, engineers, educationists and doctors interested to better the condition of the Calcutta Metropolitan area in a number of ways. In the present public interest litigation, the writ petitioner has alleged that the citizens of Calcutta have observed rampant use of red lights in cars in the city of Calcutta and also elsewhere in West Bengal. 3. Mr. Dutta, appearing on behalf of the writ petitioner restricted his submissions only on the entitlement of the persons who can use such redlights in their cars. 4. Rule 108 of the Motor Vehicles Rules, 1989 of the Central Government regulates the red or white lights which prohibit the motor vehicles showing a redlight to the front or light other than the red in the rear with certain exception made by the proviso which is as follows :- . "Provided that the provisions of this rule shall not apply to- (i) ………. (ii) ……….. (iii) A vehicle carrying high dignitaries as specified by the Central Government or the State Government from time to time or a vehicle escorting such vehicle." 5. It is therefore seen that Central Motor Vehicles Rule has clearly stated that vehicles relating to high dignitaries or escorting such vehicles will be an exception to the general ban on use of redlights in vehicles. 6. So far as the Central Motor Vehicles Rule is concerned, it appears that only "the high dignitaries" as may be specified by the Central Government would be entitled to use redlights in their cars. 6. So far as the Central Motor Vehicles Rule is concerned, it appears that only "the high dignitaries" as may be specified by the Central Government would be entitled to use redlights in their cars. The Government of West Bengal in their turn have however, introduced Rule 226 (3) in the West Bengal Motor Vehicles Rules, 1989 regarding use of redlights by "officials and dignitaries". 7. The West Bengal Rule inserts an expression "officials and dignitaries" instead of "high dignitaries" as used in the Central Motor Vehicles Rules' and accordingly taking advantage of the words "officials and dignitaries" in the aforesaid Rules, certain categories of persons are found using redlights in their cars. Therefore, in view of the aforesaid fact that in the Central and State Motor Vehicles Rules different words namely "high dignitaries", "officials and dignitaries" have been used, the question now arises who would be entitled to use redlights in their cars. Before the introduction of the West Bengal Motor Vehicles Rules, 1989 particularly before coming into force of Rule 226 of the West Bengal Motor Vehicles Rules in the year 1989, in the exercise of power conferred by section 70 of the Motor Vehicles Act, 1939 the Government introduced an amendment in the Bengal Motor Vehicles Rules, 1940 and the said amendment is to the following effect AMENDMENT : In the said rules, for sub-rule (7) of Rule 110, substitute the following sub-rule :- 7. No motor vehicle shall show a redlight to front or other than a red light to the rear : Provided that this provision shall not apply to the internal lighting of the vehicle or to an amber light if displayed by any direction indicator : Provided further that the persons indicated below may have a red light III front of their motor cars. 1. President. 2. Vice-President. 3. Governors and Lieutenant Governors. 4. Heads of Indian Missions abroad in the countries to which they are accredited. 5. Prime Minister and other Cabinet Ministers; Ministers of State and Deputy Minister of Unions, Chief Minister and other Cabinet Ministers, Minister of States and Deputy Ministers of State ; Ministers of State and Deputy Ministers of Union Territories; Chief Executive Councillor and other Executive Councillors,,' Delhi. 6. 5. Prime Minister and other Cabinet Ministers; Ministers of State and Deputy Minister of Unions, Chief Minister and other Cabinet Ministers, Minister of States and Deputy Ministers of State ; Ministers of State and Deputy Ministers of Union Territories; Chief Executive Councillor and other Executive Councillors,,' Delhi. 6. Speaker of the Lok Sabha, Deputy Chairman of the Rajya Sabha, Deputy Speaker of the Lok Sabha, Chairman of Legislative Councils Territories, Deputy Chairman of Legislative Councils in States, Deputy Speakers of Legislative Assemblies in States and Union Territories,' Chairman and Deputy Chairman of Metropolitan Council in Delhi. 7. Chief Justice of India, Chief Justices of High Courts. 8. Pusinee Judges of High Courts. 9. Chief Secretaries to State Government of India. 10. Secretaries to Government of India. 11. Advocate Generals of States. 8. In terms of the aforesaid amendment which was made by notification, a memorandum was issued by the Government of West Bengal, Transport Department, on 26th July, 1988 in which the amendment shown above was noted. By the said memorandum the categories of persons shown hereinbefore were authorised by law to display redlights/redflasher lights in front/top of their vehicles. As noted hereinearlier, in the year 1989, the West Bengal Motor Vehicles Rules came into force. For the first time in the year 1989, in Rule 226 (3) words "officials and dignitaries" have been used. 9. Chapter V of the Bengal Motor Vehicles Rules, 1940 deals 'with construction, equipment and maintenance of motor vehicles. Sub-rule (7) of Rule 110 before its amendment runs as follows : "No motor vehicle shall show a redlight to the rear : Provided that this provision shall not apply to internal lighting of the vehicle or to an amber light being displayed by any direction indicator." From a plain reading of this provision, it is, therefore, clear that there was a total ban for use of redlights in any vehicle whatsoever. As noted hereinearlier by an amendment of Rule 110 (7) of the West Bengal Motor Vehicles Rules, the persons named in the said amendment were authorised by law to use redlights in their cars. It is also significant to note that when the Bengal Motor Vehicles Rules, 1940 was in force, the words "officials and dignitaries" were not appearing in the said rules. It is also significant to note that when the Bengal Motor Vehicles Rules, 1940 was in force, the words "officials and dignitaries" were not appearing in the said rules. By the amendment introduced in the year 1988, the persons named in the said amendment were authorised by law to use redlights in their vehicles. From the said amendment of Rule 110(7) of the Motor Vehicles Rules, 1940 and also from a plain reading of sub-rule (7) of Rule 110 of the said rules, it does not appear that the words "officials and dignitaries" were used therein which was only introduced by the introduction of West Bengal Motor Vehicles Rules, 1989. 10. After considering the relevant provisions of the Central Motor Vehicles Rules as well as the West Bengal Motor Vehicles Rules, 1989 and the amendment introduced in Bengal Motor Vehicles Rules, 1940 as mentioned hereinabove and the subsequent memorandum issued on the basis of the amendment made by the authorities in relevant rules relating to user of redlights, we are of the view that the list of persons approved by the President's list must be considered to be "officials and dignitaries" within the meaning of Rule 226 (3) of the West Bengal Motor Vehicles Rules, 1989. We have considered the list approved by the Hon'ble President of India regarding the persons who can be treated as "High Dignitaries", After considering the above fact that in the absence of any further list after the introduction of West Bengal Motor Vehicles Rules, 1989, and the further fact that the words "officials and dignitaries" as used in Rule 226(3) of the West Bengal Motor Vehicles Rules, 1989 was not introduced for officials of the State Government and statutory bodies otherwise all "officials" of the State Government would be considered to be "dignitaries" and, therefore, would be entitled to use redlights. This could not be the intention of the legislature. This could not be the intention of the legislature. From a comparison of the two rules namely Central and State, it is clear that only high digilitaries would be entitled to use such redlights and, therefore, for the purpose of interpreting the words "officials and dignitaries" as .used in Rule 226(3) of the West Bengal Motor Vehicles Rules, 1989, we are of the firm view that the "officials and dignitaries" as used in Rule 226 (3) should be meant the "high dignitaries'; within the meaning of Rule 108 of the Central Motor Vehicles Rules. 11. Therefore, in the absence of any specified persons named as high dignitaries under the Central Motor Vehicles Rules, we are to accept the President's list which is annexed to this writ application. That apart, in view of our discussions made hereinabove and considering all the aspect of the matter, we have no hesitation in our mind that the words "officials and dignitaries" as used in Rule 226(3) of the West Bengal Motor Vehicles Rules, 1989 must be read to have meant "high dignitaries" within the meaning of Rule 108 of the Central Motor Vehicles Rule. Since we have not been shown any notification or memorandum specifying the high dignitaries within the meaning of Rule 108 of the Central Motor Vehicles Rules, we have accepted the President's list which specifies the persons to be treated as "high dignitaries". We however, find that the President's list which is annexed to the writ application as Annexure 'A' to the writ application was published in the year 1979. On behalf of the writ petitioner, no other list was produced showing any change in the said list since then. As noted hereinearlier, we are not unmindful of the fact that before the introduction of the West Bengal Motor Vehicles Rules, 1989 by an amendment of Bengal Motor Vehicles Rules, 1940, a list was prepared' specifying the persons entitled to use redlights in their cars. Unfortunately, after the introduction of West Bengal Motor Vehicles Rules, 1989, no further list has been prepared or published in tune with the said Rule. Therefore, in the absence of any further list having been published in terms of Rule 226(3) of the West Bengal Motor Vehicles Rules, 1989 specifying the persons as "officials and dignitaries" we are of the opinion that the persons named in the President's list specifying the "high dignitaries" must be followed. Therefore, in the absence of any further list having been published in terms of Rule 226(3) of the West Bengal Motor Vehicles Rules, 1989 specifying the persons as "officials and dignitaries" we are of the opinion that the persons named in the President's list specifying the "high dignitaries" must be followed. 12. Accordingly, we are of the view that the persons mentioned in the President's list must be treated as "officials and dignitaries" within the meaning of Rule 226 (3) of the West Bengal Motor Vehicles Rules, 1989 and should be allowed to use redlights in their cars. A copy of the President's list is hereby annexed in this order for implementation. It is needless to say that some other authorities named in the Central Motor Vehicles Rules, 1989 (so far as the State Motor Vehicles Rules is concerned, if any authority named therein) would also be entitled to use redlights also. 13. It is reiterated that taking advantage of the word "officials" in the aforesaid West Bengal Motor Vehicles Rules, 1989, some officers and others who are officials, but not entitled to use redlights in their respective cars are found using them. We are, therefore, of the view that for the sake of fair administration and for observance of law, it became necessary for us to say that "officials and dignitaries" who are in fact entitled to use redlights in their cars should be named by us. 14. After considering the President's list as mentioned above, we are still of the view that some other "officials and dignitaries" however, have been left out from the President's list. They are the Chairman and Members of the National and State Human Rights Commission. We shall not forget that in the aforesaid list, excort car carrying persons who are entitled to such redlights must be included. 15. Therefore, we are of the view that in view of the fact that the aforesaid persons can only be treated as "officials and dignitaries" within the meaning of Rule 226(3) of the West Bengal Motor Vehicles Rules, 1989 and within the meaning of Rule 108 of the Central Motor Vehicles Rules, 1989 and only those persons named in the President's list are entitled to use redlights in their vehicles. No other person shall be entitled to use redlights in their cars excepting the persons named above. 16. Mr. No other person shall be entitled to use redlights in their cars excepting the persons named above. 16. Mr. Dutta, appearing on behalf of the writ petitioner had drawn our attention to another fact which is important for the purpose of deciding this writ application. Mr. Dutta submitted that even in hired cars redlights are frequently used. Therefore, a direction must be given to all authorities of the administration of State of West Bengal including the police and Motor Vehicle Department to take stern action on the owner of such hired cars to remove such redlights from their respective cars in default it would be open to the authorities to impose heavy fine. It is true that such hired cars are sometimes used for carrying the persons named in the list above. In that case the owners may be allowed to use redlights only when such "officials and dignitaries" travelled in such cars. In the absence of any person named in the above list travelling in the hired cars, the redlights cannot be placed and if found such redlights are used, they must be removed and stern action should be taken against such offending owners and drivers including imposition of fine against them. 17. In view of the above, we are, therefore of the view that the persons named in this order would be entitled to use redlights in their cars and no other person would be entitled to use redlights. If the authorities find that such redlights are also used by the persons who are not entitled to use the same, the State Authorities including the police and the Motor Vehicle Department are directed to take stern action including imprisonment or fine against those persons who are not entitled to use such redlights. This order shall be communicated to the Chief Secretary of the Government of West Bengal and all the departments of the Government of West Bengal including the police authorities as well as the Motor Vehicle Department of the Government of West Bengal. 18. The writ petition is thus disposed of. There will be no order as to costs. Writ petition disposed of.