The Gauhati High Court has issued a notice to state authorities in response to a Public Interest Litigation that challenges the e-challans issued by the Traffic Police for violations under the Motor Vehicle Act, 1988, and related rules.
The Division Bench, led by Chief Justice Vijay Bishnoi and Justice Suman Shyam, heard the case where the petitioner argued that the rules surrounding e-challans are unconstitutional and deny a fair trial.
According to the petitioner, in traffic e-challan cases, the police act as both the accuser and the decision-maker, which goes against the principles of the Constitution and Criminal jurisprudence.
The petitioner emphasized, “It is a settled law that no one can be both a judge and the prosecutor in the same case.” Additionally, the petitioner argued that vehicle owners are unfairly required to prove their innocence to the police.
The petition also highlighted that the Assam government’s standard operating procedure states that if a challan is pending, vehicle owners cannot proceed with important transactions like obtaining a No Objection Certificate, Fitness Certificate, paying taxes, or renewing their driving license.
After considering the PIL, the court issued a notice to the state respondents and scheduled the next hearing for September 24. Senior Advocate Benu Dhar Das filed the PIL on behalf of the petitioner.
