Gauhati High Court Questions Traffic E-Challan's Fairness and Constitutionality

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. 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 police act as both accuser and adjudicator in traffic e-challan cases, which contradicts constitutional principles and 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.

Constitutional Concerns

The petitioner highlighted that vehicle owners are required to prove their innocence to the police, which undermines a fair trial. Additionally, if a challan is pending, various transactions such as obtaining a No Objection Certificate, fitness certification, tax payments, and driving licence renewals are not allowed according to the Assam government's standard operating procedure.

Senior Advocate Benu Dhar Das filed the PIL on behalf of the petitioner. The court has scheduled the next hearing for September 24 after issuing notices to state respondents.