Delhi HC asks traffic police to comply with SC directives
The Delhi High Court on Monday asked the city traffic police to comply with the directions passed by the Supreme Court while issuing challans against the vehicles for violation of traffic rule.
New Delhi: The Delhi High Court on Monday asked the city traffic police to comply with the directions passed by the Supreme Court while issuing challans against the vehicles for violation of traffic rule.
A Division Bench of Chief Justice Dipak Misra and Justice Manmohan disposed of a petition filed by Simender Kaur, a transporter, and asked the police to comply with the apex court`s directions in true spirit.
The transporter alleged the vehicle (a blueline bus) was impounded twice by the traffic police for a single offence of violation of lane on a busy road in April last year, which
is violative of the apex court`s directions.
Appearing for the petitioner, counsel Manohar Singh Bakshi and S S Dahiya argued that the bus was impounded on April 13 last year and the next day after payment of heavy
fine of Rs 4300 the bus was released. A year later, the traffic police issued a notice suspending the route permit for 15 days for the same offence.
However, the State Transport Appellate Tribunal(STAT) had reduced in July this year the suspension period from 15 to 7 days, the lawyers said. The counsel argued a flying squad of inter-departmental teams headed by SDM should have been constituted to enforce
the apex court directions but the challans and orders were issued by non gazetted officers with an ulterior motive.
Claiming that the non gazetted officer has no jurisdiction to issue any such challan, the counsel said "there is total miscarriage of justice by not implementing or executing the rulings of the apex court. Besides, there is no contravention of the permit which could be entail suspension of permit."
According to the counsel, after off loading the passengers on the day of the incident the driver was checking if there was any defect in the vehicle by parking the bus at a convenient place.
Without examining the real cause of parking on roadside, the police had wrongly issued challan against the vehicle, the counsel said.