Assam: Gauhati High Court Questions E-Challans, Calls for Fairer Traffic Law Enforcement

GUWAHATI: In a significant development, the Gauhati High Court has expressed its concern regarding the e-challan system adopted by the Traffic Police in Assam-the very basic principle of justice and constitutional rights. On September 2, the court took up a Public Interest Litigation against the manner in which e-challans are issued under the Motor Vehicle Act, 1988, and the Motor Vehicle Rules.

The PIL is then responded to by the Division Bench, consisting of Chief Justice Vijay Bishnoi and Justice Suman Shyam, with a notice being issued to the state respondents to set the stage for a potentially precedent-setting legal battle. In brief, the case focuses on the fact that the current e-challan procedure could be defeating the very principle of fair trial-which is the hallmark of Indian law.

The PIL filed by Senior Advocate Benu Dhar Das has at its heart the constitutionality attack on the e-challan procedure. The petitioner has thus contended that in allowing the police to be both the accusator and the adjudicator, the system infracts basic principles of justice and criminal jurisprudence. The petitioner argued that it was a settled law that no one could be a judge and a prosecutor in one case, adding that dual role by the police was in contravention with the basic tenets of the Constitution.

The petitioner further identified a major loophole in the present system: that it places the onus of proof of innocence upon the vehicle owners with the police, which is contrary to the accepted maxim of criminal jurisprudence that an individual is presumed innocent until proven guilty. This shift in the burden of proof, the petitioner argues, is not only unconstitutional but heedlessly prejudicial to vehicle owners as well.

Further, PIL points to the SOPs issued by the Assam government, which have further deteriorated the situation. According to the SOPs, in cases where challan is pending, the vehicle owner shall not be allowed to execute transactions of essential nature such as issue of No Objection Certificate, renewal of fitness of vehicle, payment of taxes, and even renewal of driving licences. This, the petitioner contends, has caused unnecessary hardship to the citizens and introduces an element of threat in the entire exercise.

After listening to the arguments, the Gauhati High Court issued notices to the state respondents while setting the next hearing for September 24. This judgment in the current case may go a long way-not only in bringing about effective change to the traffic enforcement system of Assam but probably beyond. The deliberation by the court whether in its present form, the e-challan system passes the test of the principles of justice under the Indian Constitution shall be keenly watched by the legal fraternity as well as the general public.

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