Guwahati, September 3, 2024 – The Gauhati High Court has issued a notice to state respondents following a Public Interest Litigation (PIL) challenging the issuance of e-challans by the Traffic Police under the Motor Vehicle Act, 1988, and Motor Vehicle Rules. The PIL was heard by a Division Bench comprising Chief Justice Vijay Bishnoi and Justice Suman Shyam on September 2.
The petitioner, represented by Senior Advocate Benu Dhar Das, argued that the current e-challan system is unconstitutional and contrary to the principles of fair trial and criminal jurisprudence. The petitioner contended that the system allows the police to act as both the accuser and adjudicator, which conflicts with the fundamental principle that no one should serve as both judge and prosecutor in the same case.
One of the key issues raised in the PIL is the burden placed on vehicle owners to prove their innocence before the police, a process that the petitioner claims undermines the constitutional rights of individuals. Additionally, the petitioner criticized the Assam government’s standard operating procedure, which restricts essential transactions—such as obtaining a No Objection Certificate, vehicle fitness certification, tax payments, and driving license renewals—if an e-challan is pending.
After considering the arguments, the High Court issued a notice to the state respondents and scheduled the next hearing for September 24, 2024. The outcome of this case could have significant implications for the enforcement of traffic regulations and the legal rights of vehicle owners in Assam.
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