SC refuses to stay HC judgement regarding traffic fines

New Delhi, June 11 (UNI) The Supreme Court today refused to stay the judgement of the Delhi High Court dated March 26, 2007 directing the Delhi Traffic Police to charge Rs 500 as cost in addition to the fine from the violators of traffic rules in the city including two wheelers.

A vacation bench comprising Justices Arijit Pasayat and P P Naolekar however, issued notices to the Centre and state of Delhi on the petition seeking stay of the impugned judgement till the final disposal of the present appeal filed by the Federation of Delhi Bus Operators and federation president Harvinder Singh Kalra.

The petition challenges the impugned judgement on the ground that the courts are not entitled to usurp legislative functions under the guise of interpretation and the court must avoid the danger of determination of the meaning of a provision based on their own pre-conceived notion of ideological structure or scheme into which the provisions are somehow fitted.

The court, however, asked the petitioner, '' do you have a right to commit a traffic violation and then seek relief? If you obey the rules you will not have to pay fines.'' The petitioner has also contended that the court has no power to impose cost in addition to the fine provided in the Motor Vehicles Act and it is for the legislature to amend the law if it so desires and the court cannot legislate.

UNI