2 hrs ago
Delhi Lawyers Protest Amended Traffic Challan Rules and 50% Deposit
Delhi lawyers are not going to work to protest new traffic-ticket rules.
The rules let people challenge a ticket online within 45 days.
If they do not challenge it, the ticket can be treated as accepted.
A government-appointed authority will first decide whether a challenge is successful.
If the challenge fails, the person must pay half the ticket amount before going to court.
Lawyers say this makes people seem partly guilty before a trial.
They also worry that drivers may not understand or be able to use the online system.
The lawyers believe courts, rather than government officers, should decide whether a traffic violation happened.
Delhi lawyers are boycotting work over amendments to the traffic challan system.
The amended process requires challenges within 45 days through a prescribed portal.
Unchallenged violations may be treated as “deemed to have been accepted.”
People whose challenges are rejected must deposit 50% before approaching court.
Lawyers say the rules give judicial powers to executive authorities and disadvantage drivers lacking digital access.
- Who
- Lawyers from Delhi’s district court Bar Associations, including representatives of the Coordination Committee and the New Delhi Bar Association.
- What
- They are staying away from work to protest amendments to the traffic challan process, especially the 50% pre-deposit requirement.
- Where
- Delhi, under changes to the traffic challan process governed by the Central Motor Vehicle Rules.
- When
- On Monday; the amendments were flagged in a September 20 circular.
- Why
- Lawyers object to executive authorities initially deciding challan challenges, the mandatory 50% deposit before court review, and digital-access difficulties for some drivers.
Key facts
- Protested provision
- A person whose challan challenge is rejected must deposit 50% of the challan amount before approaching a competent court.
- Challenge deadline
- Challenges must be filed within 45 days of the challan being issued.
- Submission method
- Challenges must be submitted through the prescribed portal with documentary evidence.
- Unchallenged challans
- A challan not contested before the specified authority may be treated as “deemed to have been accepted.”
- Rules amended
- Rule 167 of the Central Motor Vehicle Rules, 1989.
- Lawyers’ concern
- They say the process treats people as “half guilty” and transfers judicial functions to the executive.
- Digital-access concern
- Lawyers say commercial and truck drivers may struggle to use the online process and meet its deadlines.
Quotes
Tarun Rana
Secretary of the New Delhi Bar Association
“This is judicial work, how can the executive handle it? How will government officers do this? If a challan is issued because the Motor Vehicles (MV) Act has been violated, the court will decide whether the person actually committed the violation or not.”
indianexpress.com
“Before a trial, how can you ask someone to deposit 50%? If someone allegedly commits a murder, can you tell them to serve half their sentence without a trial? They have already been proven half guilty.”
indianexpress.com
Sources
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