Delhi court lawyers to abstain from work over new traffic challan rules

Lawyers of district courts in Delhi will abstain from work on September 21. They are protesting the amended Rule 167 of the Central Motor Vehicles Rules, which transfers the adjudication of contested traffic challans to executive officers.

Lawyers of district courts across Delhi will abstain from judicial work on Monday, September 21, protesting the amended mechanism under Rule 167 of the Central Motor Vehicles Rules, 1989, for adjudication of contested traffic challans.

Objections to Amended Traffic Challan Rules

The decision was taken by the Coordination Committee of All District Court Bar Associations of Delhi, which has opposed 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.

Lawyers' Body Cites Unfulfilled Assurances

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.

One-Day Strike Across District Courts

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 committee has called upon lawyers to assemble outside their respective district court complexes at 11.30 am on September 21 for a peaceful protest. It has also requested lawyers not to appear before any court, either physically or through virtual mode, on the day.

The New Delhi Bar Association has separately issued a circular directing complete abstention from work at the Patiala House Courts Complex on September 21. It has asked its members to assemble at Gate No. 4 at 11.30 am to register their protest and said a list of proxy counsel would be circulated through its official WhatsApp groups.

The Coordination Committee has 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. (ANI)

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