Delhi lawyers observe strike against ‘draconian & arbitrary’ traffic challan rules
New Delhi: In India, lawyers across New Delhi are observing a one-day strike today, Monday, against amendments to the Central Motor Vehicles Rules governing the disposal of traffic challans, terming provisions of the amended Rule 167 “draconian and arbitrary”.
The Coordination Committee of All District Courts Bar Associations of Delhi called upon its member advocates to abstain from work on September 21 as a token protest against the amendments, which the lawyers’ body says undermine judicial oversight and access to justice.
The committee has particularly objected to the transfer of adjudicatory powers over contested challans from judicial magistrates to Sub-Divisional Magistrates, Executive Magistrates and other departmental officers.
It has also opposed the designation of officials from departments including Food and Supplies, Tehsildars and District Transport and Enforcement Offices for challan redressal.
Another major objection concerns the requirement for a person whose challenge to a challan is rejected to deposit 50 percent of the challan amount before seeking further judicial remedy.
The committee termed the requirement an “unreasonable impediment to judicial remedy”, particularly for ordinary citizens.
Under amended Rule 167(5), a person issued a challan must pay the specified amount or contest it through the prescribed portal within 45 days, failing which the challan is deemed accepted under Rule 167(6). Under Rule 167(9), a person whose challenge is rejected must deposit 50 percent of the challan amount before approaching the competent court.
The lawyers’ body said the changes raise concerns over the separation of executive and judicial functions and citizens’ right to have contested challans adjudicated by a competent judicial forum.
The committee said it had repeatedly taken up the matter with the Delhi government, including through representations on August 27 and September 7, but its concerns remained unresolved.
