Gauhati HC Issues Notice in PIL Against Traffic e-Challans

The Gauhati High Court has issued a notice to state respondents in a PIL challenging the legitimacy of traffic e-challans by the Traffic Police. The PIL argues that the police act as both accuser and adjudicator, which violates constitutional and criminal jurisprudence principles. A hearing is set for September 24.

The Gauhati High Court on Monday served notice to state respondents in a Public Interest Litigation (PIL) challenging the e-challans issued by the Traffic Police to vehicle owners for violations under the Motor Vehicle Act, 1988 and Motor Vehicle Rules.

A Division Bench, including Chief Justice Vijay Bishnoi and Justice Suman Shyam, heard the PIL arguing that the current rules violate constitutional principles and fair trial norms. The petitioner claimed that in cases of traffic e-challans, the police act as both accuser and adjudicator, compromising the core tenets of the Constitution and Criminal jurisprudence.

Arguing that no one should serve as both judge and prosecutor in the same case, the petitioner highlighted that vehicle owners are required to prove their innocence to the police. Additionally, the petitioner noted that pending challans impede essential transactions such as obtaining a No Objection Certificate, Fitness certificate, or renewing a Driving License. The court has slated the next hearing for September 24.

(With inputs from agencies.)