Gauhati High Court questions validity of traffic e-challans, cites constitutional concerns

The Gauhati High Court, on September 2 challenged the e-challan which was issued by the Traffic Police to the vehicle owners for violating provisions of the Motor Vehicle Act, 1988 and Motor Vehicle Rules. 

The court issued a notice to state respondents in a Public Interest Litigation (PIL). 

A Division Bench, comprising Chief Justice Vijay Bishnoi and Justice Suman Shyam, heard the PIL which challenged the rules which the petitioner claimed are antithetical to a fair trial and are unconstitutional.

The petitioner contended that in cases of traffic e-challans, the police are the accuser and also the adjudicator which goes against the very scheme of the Constitution as well as Criminal jurisprudence.

The petitioner stated that it is a settled law that no one can be both a judge and the prosecutor in the same case.

Further, the owners of vehicles are asked to prove their innocence before the police, he added.

The petitioner also contended that the standard operating procedure issued by the Assam government provides that if a challan is pending, all transactions – No Objection Certificate, Fitness, Tax, Renewal of Driving License etc – are not permitted.

The court after hearing the PIL issued notice to state respondents and fixed the date of hearing on September 24.

Senior Advocate of Gauhati High Court Benu Dhar Das had filed the PIL.