The Hindu : Front Page : `Motorists have no right to violate laws'

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Tuesday, Jun 12, 2007
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`Motorists have no right to violate laws'

J. Venkatesan

Supreme Court refuses to stay Delhi High Court order imposing additional 500-rupee penalty for each traffic offence

NEW DELHI: Observing that a motorist has no right to violate traffic rules, the Supreme Court on Monday declined to stay an order of the Delhi High Court directing the traffic police to impose a penalty of Rs. 500 in addition to a fine of Rs. 100 for jumping the red light and other "minor" traffic violations.

A vacation Bench of Justice Arijit Pasayat and Justice P. P. Naolekar told counsel for the petitioner, "You don't have a right to commit a mistake [of traffic violation] and claim relief for the violation. We will not stay the High Court order."

The Bench, however, issued notice to the Centre, the Delhi Government and the Delhi Police on the petition filed by the Federation of Delhi Bus Operators through its president Harvinder Singh Kalra challenging the High Court order. It also issued notice on the petition seeking interim stay of the impugned judgment dated March 26.

The High Court order said, "Wherever any driver of any vehicle including a two-wheeler is challaned by the traffic police and/or any other competent authority, he/she shall be liable to pay cost of Rs. 500 for each offence committed by him/her in addition to the composition of the fee [fine] payable under the Motor Vehicles Act."

The petitioner submitted that pursuant to the High Court judgment the authorities were indiscriminately imposing a penalty of Rs. 500 and a fine of Rs. 100 for every small violation such as "not wearing uniform", "no number plate", "not using belt", "jumping red light", etc.

Assailing the High Court judgment, the petitioner said it was a glaring example of judicial activism by the judiciary usurping and encroaching upon legislative functions. It said the directions issued by the High Court were contrary to the law laid down by the Supreme Court in various judgments. "Section 194 of the Motor Vehicles Act gives guidance to the State to specify the amount for compounding the offences. It is not mandatory that the authorised officer would always compound the offence. It is conditional upon the willingness of the accused to have the offences compounded," argued the petitioner.

The petitioner said the members of the Federation of Delhi Bus Operators and the public at large were being put to heavy cost for simple traffic violations. The High Court direction was being misused by the traffic police in the garb of collection of heavy amount, the petitioner said, seeking quashing of the impugned judgment and an interim stay of its operation.

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