The Delhi High Court Bar Association (DHCBA) has formally raised substantial objections against the latest amendments to the Central Motor Vehicles Rules, 1989, which pertain to the adjudication process of traffic challans. In a resolution passed on Wednesday, the DHCBA’s executive committee urged relevant authorities to re-evaluate these changes, underscoring the necessity for disputed traffic challans to undergo thorough, independent, and accessible judicial review.
The association expressed disapproval of the amendments that designate executive or departmental authorities as the initial adjudicating bodies for contested challans, instead of an independent judicial forum. According to the resolution, “Disputed questions concerning the facts, evidence and liability arising from a challan ought to be adjudicated by an independent judicial forum only.”
Further, the DHCBA criticized the newly introduced requirement of a 50 percent pre-deposit of the challan amount before a contested case can be brought before a competent court. The association argued that this financial prerequisite poses a significant barrier to accessing judicial remedies, especially for ordinary citizens who may find the cost prohibitive.
Moreover, the bar association expressed concern over the provision that deems a challan accepted if it is not contested within a 45-day period. They pointed out that this stipulation is unreasonable and could disadvantage individuals who face digital accessibility challenges or have difficulty navigating complex online procedures.
The resolution stressed, “The Executive Committee recognises the need for expeditious traffic enforcement, however, the same cannot come at the cost of fair adjudication and meaningful access to justice.” The resolution was duly signed by DHCBA President N Hariharan and Secretary Vikram Singh Panwar, highlighting the unified stance of the association on this critical issue.
