New Delhi, Sep 24 Lawyers at the Tis Hazari court complex on Thursday observed a strike to protest amendments to the traffic challan system under the aegis of the Delhi Bar Association and abstained from work for the entire day.
Hundreds of lawyers gathered outside the court complex and raised slogans against the Delhi government over the amendments, particularly the requirement to deposit 50 per cent of the challan amount before approaching a court.
However, the Coordination Committee of All District Courts Bar Associations of Delhi had called off its proposed strike and protest march to the Delhi Lieutenant Governor’s house scheduled for Thursday after a delegation of the committee was called for a discussion with the Delhi Chief Minister Rekha Gupta, Law Minister Kapil Mishra and Transport Minister Pankaj Kumar Singh.
Following the meeting, the government put on hold the implementation of a notification issued by the transport department making changes to the new challan system in the national capital.
Transport Minister Singh said the transport department had been asked to examine the issues raised by advocates regarding the changes made to the Central Motor Vehicle Rules (CMVR), 1989.
The Delhi Bar Association, however, called for an independent strike, which affected the full-day functioning of the court. Lawyers abstained from work, while shops and facilities, including photocopy shops, bookstores and the canteen, also remained closed.
Delhi Bar Association President D K Sharma said the amendments made by the government to the Motor Vehicle Act were arbitrary and against the common people of Delhi.
“The government made amendments and now under the new rules, a person has to submit 50 per cent of the challan amount before contesting it in court. The new rules are against the people’s interest as the new digital mechanism makes it difficult for them to contest a challan and gives no option but rather paying it,” he said.
Under the amended mechanism, a person issued a challan is required to either accept and pay it, or contest it through the prescribed portal before an authority specified by the state government. The challenge has to be filed within 45 days.
Lawyers have objected to the provision under which, if the challenge is rejected by the designated authority, the person can approach the competent court only after depositing 50 per cent of the challan amount.
They have also questioned the role assigned to the executive in deciding a person’s challenge before the matter can reach a court, contending that such determination involves a judicial function.
The lawyers said the mandatory pre-deposit could effectively burden a person who disputes the alleged traffic violation and may discourage them from seeking judicial redress.
They also raised concerns over the provision under which a challan would be treated as “deemed to have been accepted” if it is not contested before the specified authority within the prescribed period.
Advocates flagged difficulties the new digital mechanism could pose for people unfamiliar with online systems, particularly commercial and truck drivers.
The protesting lawyers said the system could also leave limited scope for a person to explain circumstances surrounding an alleged traffic violation before approaching a court.
(PTI News)
