Jammu Lawyers Oppose Implementation of Amended Motor Vehicles Challan Rules, Raise Concern Over Executive Powers
Jammu, Oct 5: KNT: Lawyers in Jammu have raised objections to the implementation of the amended motor vehicles challan mechanism, particularly the provisions under amended Rule 167 of the Central Motor Vehicles Rules, 1989, which they say confer adjudicatory powers on executive authorities that were earlier exercised through the judicial process.
The amended framework provides for disputed traffic challans to be taken before an authority designated by the government, with the mechanism prescribing a pre-deposit of 50 per cent of the challan amount before a person can approach the competent court after rejection of the challenge.
The issue has already triggered protests by lawyers in Delhi, who opposed the transfer of such adjudicatory functions to executive authorities and raised objections to the financial pre-deposit requirement.
Lawyers in Jammu while addressing a press conference voiced similar concerns over the implementation of the amended provisions in Jammu and Kashmir, arguing that disputes involving penalties and challans should continue to be subject to judicial scrutiny rather than being decided primarily through an executive mechanism.
The objections have also extended to the manner in which the e-challan system is being enforced, with lawyers calling for safeguards to ensure that motorists have an effective and accessible mechanism to contest challans and seek judicial remedy. [KNT]
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