GUWAHATI: The Gauhati High Court has issued a notice to state respondents regarding a Public Interest Litigation (PIL) challenging the e-challan system used by the Traffic Police.
This system is used to penalise vehicle owners for violations of the Motor Vehicle Act, 1988, and Motor Vehicle Rules.
In a public interest litigation (PIL) filed by senior advocate Benu Dhar Das, the court questioned the constitutionality of the rules governing the issuance and adjudication of e-challans.
The PIL argues that the current rules are unconstitutional and unfair.
A Division Bench consisting of Chief Justice Vijay Bishnoi and Justice Suman Shyam heard the PIL.
The petitioner argued that the current system violates the principles of fair trial, as the police act as both the accuser and the adjudicator. This, according to the PIL, contradicts the fundamental principles of criminal jurisprudence.
“It is a settled law that no one can be both a judge and the prosecutor in the same case,” stated the petitioner.
The petitioner highlighted that vehicle owners are required to prove their innocence to the police, which undermines a fair trial.
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He further highlighted that the standard operating procedure issued by the Assam government imposes restrictions on vehicle owners with pending e-challans, preventing them from completing various transactions such as renewing driving licenses, obtaining fitness certificates, or transferring ownership.
The court, after hearing the PIL, issued notices to the state respondents and scheduled a hearing for September 24.
