Delhi district court lawyers to abstain from work on Monday over amended traffic challan rules
NEW DELHI: Lawyers of district courts across Delhi will abstain from judicial work on Monday in protest against the amended mechanism under Rule 167 of the Central Motor Vehicles Rules, 1989, for adjudication of contested traffic challans.
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 Sunday, the Coordination Committee said the amended Rule 167 allows a person issued a challan to either accept and pay the amount or contest it before the prescribed authority, along with documentary evidence, within 45 days of the challan being issued.
The committee has particularly objected 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.
According to the committee, the amended mechanism also allows 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 matter 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.
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 over the separation of executive or administrative functions from judicial adjudication.
The committee said the mandatory 50% pre-deposit requirement could also create an impediment for citizens seeking to challenge an adverse decision before a court.
Following its meeting on Saturday, the Coordination Committee unanimously resolved to observe a one-day abstention from work on Monday 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 Monday 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 Monday.
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.
(With inputs from ANI)
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 Sunday, the Coordination Committee said the amended Rule 167 allows a person issued a challan to either accept and pay the amount or contest it before the prescribed authority, along with documentary evidence, within 45 days of the challan being issued.
The committee has particularly objected 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.
According to the committee, the amended mechanism also allows 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 matter 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.
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 over the separation of executive or administrative functions from judicial adjudication.
The committee said the mandatory 50% pre-deposit requirement could also create an impediment for citizens seeking to challenge an adverse decision before a court.
Following its meeting on Saturday, the Coordination Committee unanimously resolved to observe a one-day abstention from work on Monday 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 Monday 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 Monday.
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.
(With inputs from ANI)
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