Hyderabad: The Telangana High Court has called for transparency in the traffic challan system and said that the police must inform the citizens which law they have violated when issuing a fine.
The court also noted that offering discounts on fines weakens the fear of legal consequences and encourages repeated violations.
The court was hearing a petition from a Tarnaka resident, V Raghavendra Chary, who challenged the Rs 1,235 fine (Rs 1,200 fine and Rs 35 user charges) he was handed for triple riding.
The petitioner’s counsel argued that the challan was legally invalid as it did not mention the violated legal provision, which is mandatory under Rules 167 and 167-A of the Central Motor Vehicles Rules, 1989.
The counsel further stated that under Section 128 read with Section 177 of the Motor Vehicles Act, 1988, the penalty prescribed for triple riding ranged between Rs 100 and Rs 300.
He also said that the authorities could not rely on the 2019 amendments of the act, as it was not adopted by Telangana.
In response, the government counsel stated that the offences under the Motor Vehicles Act are compoundable and that the state has the power to specify the fine amounts.
He referred to the GO Ms No. 54 (2006) and GO Ms No. 108 (2011) issued in the interest of road safety, and said that the case at hand fell under the category of dangerous driving attracting a fine of Rs 1,000 under Section 184.
He also added that the e-challan portal currently lacks the provision for citizens to view legal provisions, but efforts are underway to upgrade the system.
After hearing both sides, the court observed that the challan issued to the petitioner violated Rule 167-A and even if one assumes the challan attracts a fine under Section 184, the fee would be Rs 1,000 and not Rs 1,200.
The matter has been posted for further hearing on December 9, and the police have been asked to submit a counter-affidavit. The petitioner has been asked to verify if the e-challan portal is upgraded with legal provisions till the next hearing.
