Delhi traffic challan pendency crosses 40 million; lawyers oppose new rules

In January, the central government notified amendments to Rule 167 of the Central Motor Vehicles Rules

More than 40 million traffic challans are pending in Delhi courts, with 15,000 to 20,000 more added every day – generated manually and through violation detection cameras. This is not only increasing the pendency but also adding to the workload of the already overburdened city courts.

Lawyers across Delhi’s district courts on Monday went on a strike and abstained from judicial work against the amendments. (ANI)

In January, the central government notified amendments to Rule 167 of the Central Motor Vehicles Rules, stating that a motorist can either pay the challan or contest it through the prescribed portal before the state government’s specified authority within 45 days, and approach a court with rejected grievances only after depositing 50% of the challan amount.

Last week, Delhi lieutenant governor (LG) TS Sandhu notified officials from various Delhi government departments to handle grievances against traffic challans.

The amended traffic challan rules, however, have received mixed reactions. While the changes have triggered resentment among Delhi lawyers, Delhi police officers are of the view that the move is aimed at reducing the massive traffic challan pendency and easing the burden on courts so they can focus on other important cases.

Advocate Neeraj, chairman of the coordination committee of all district courts bar associations of Delhi, said those who believe the new rules would hit the livelihood of lawyers were mistaken, as the amendments are not “anti-lawyers” but “anti-people”.

“Firstly, traffic violation is a criminal offence handled by a judicial magistrate. How can government-appointed officials (executives) address traffic challan-related grievances that are considered criminal trials? Secondly, by imposing the 45 days timeline for contesting challans and the mandatory deposit of 50% challan amount before approaching a court, the authorities are harassing the public and abolishing trail options,” said Neeraj.

A senior Delhi Traffic police officer, who asked not to be identified, supported the amended rules, saying the growing pendency has been defeating the very objective of enforcement against traffic violators and fails to act as a strong deterrent.

“Our data shows over 40 million challans are pending in Delhi courts. A detailed analysis revealed that many repeat violators have hundreds of challans pending individually. They simply don’t bother. They either clear them in bulk in courts at minimum amounts or clear the dues only when selling the vehicles,” the officer said.

He added, “The new rules will at least make them accountable and leave them with no option but to pay the challan – either within 45 days or after their grievances are rejected by the government-appointed officials and courts concerned. Under the amendments, they can still challenge the challan and get it cancelled by producing valid evidence.”

Experts, however, said reducing court pendency should not come at the cost of public convenience, which should be the primary objective of any government.

Urban transport expert and India managing director of the International Council on Clean Transportation (ICCT) Amit Bhatt, said a robust and unified national database should be created where a person can see all traffic challans issued anywhere in the country against his/her vehicle, along with details of the violation, applicable fine, and the option to contest it.

“To benefit the people, the authorities should also consider flexibility in the 45-day deadline and the 50% pre-deposit requirement, as there are many genuine reasons such as delayed communication of challans, change of registered mobile number, technical problems and other unforeseen circumstances that are beyond a person’s control,” added Bhatt.