Delhi district court lawyers abstain over amended traffic challan rules

New Delhi [India], September 21 (ANI): Delhi district court's lawyers on Monday abstained from judicial work on Monday protesting against the amended mechanism under Rule 167 of the Central Motor Vehicles Rules, 1989, for adjudication of contested traffic challans.
Under the aegis of the Coordination Committee of All District Court Bar Associations of Delhi, lawyers abstained from Judicial work opposing the proposed transfer of adjudicatory functions from Judicial Magistrates to Sub-Divisional Magistrates, Executive Magistrates and officers of various government departments.
In a circular issued on September 20, the Coordination Committee said the amended Rule 167 provides that a person issued a challan may either accept and pay the amount or contest it before the prescribed authority, along with documentary evidence, within 45 days of issuance of the challan.
The committee has particularly raised objections to the provision requiring a person, whose challenge to a challan is rejected, to deposit 50 per cent of the challan amount before approaching the competent court.
According to the committee, the amended mechanism also enables the State Government to designate authorities for redressal of challans. It said it subsequently learnt through media reports that officers including Food and Supplies officials, Tehsildars and officers of District Transport and Enforcement Offices had been notified for the purpose.
The committee said it had earlier taken up the issue with the Delhi government and submitted representations on August 27 and September 7. It said assurances were given during meetings with the Law and Justice Minister that the proposal to appoint SDMs and other departmental officers would not be implemented until the matter was taken up with the Central Government.
The lawyers’ body, however, said it later learnt that officers from various departments had been notified as authorities for disposal of contested challans.
Calling the development a matter of concern, the committee said the issue goes beyond an administrative arrangement as it involves the right of citizens to have contested challans adjudicated by a competent judicial forum.
It also opposed the proposed transfer of adjudicatory functions from Judicial Magistrates to executive and departmental authorities, citing concerns regarding the separation of executive or administrative functions from judicial adjudication.
The committee said the mandatory 50 per cent pre-deposit requirement could also create an impediment for citizens seeking to challenge an adverse decision before a court.
Following its meeting on September 19, the Coordination Committee unanimously resolved to observe a one-day abstention from work on September 21 as a token protest against the changes.
The Coordination Committee had urged members to participate in the protest in a peaceful and disciplined manner and said the move was aimed at highlighting its concerns over judicial adjudication and access to justice.
The New Delhi Bar Association (NDBA) members gathered at India Gate Circle and organised a March to register their protest.
NDBA Secretary Tarun Rana said that this is a decision totally arbitrary and against the public interest. We will not let it be implemented. We were not consulted.
Vice President Navneet Panwar said that there are many grey areas in the new rule. It will affect the general public at large. It is against the law.
Central Delhi Court Bar Association Secretary Vijay Bishnoi said that this mechanism will be opposed by the lawyers as it is put in place without consulting the lawyers. It is like a transfer of judicial Powers to the executives. (ANI)