Delhi HC to Centre & AAP: Consider representation PIL claiming traffic challans mechanism under Motor Vehicle Act “faulty”

Anushka Mansharamani

On 15th December, the Delhi High Court instructed the Central government and the Aam Aadmi Party to treat as a representation PIL claiming the process of issuing challans under the Motor Vehicles (Amendment) Act 2019 as “arbitrary and faulty.”

The Court further said that it needs to be re-examined and rectified with the use of better latest technology available.

The bench consisting of Chief Justice D N Patel and Justice Prateek stated that the grievance directed in the plea would be decided in accordance with the law present, rules and regulations which are in place, and the various government policies which are relevant in the case.

As the Court decided not to take the matter up, it suggested the plea to be taken up by the concerned authorities and to be treated as a representation.

The petitioner agreed to the decision.

The petition filed stated that the challans were issued without the reliable use of technology and in an improper manner.

It further stated that there was a need for “standardisation of the technology used for monitoring traffic violations.”

It further claimed that there were “several lacunas” in the due course of the implementation of the Act.

Sonali Karwasra, who filed the petition, alleged that there have been several instances where heavy fines have been imposed due to the faulty technology used, and later those penalties have been revoked.

There was a mention of one such instance where Rs. 1.57 Lakh challans were issued for over-speeding on the NH24 between August 2019 and October 2019 by the traffic police department.

The petition claimed that the types of equipment used for drunken driving like the breath Analyser and the red light violation technology are not following the current times.

The plea sought directions to the Centre and the Delhi government to ensure that proper infrastructure is in place for traffic violations by the upgraded use of technology that are in line with the international norms.

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