Modified silencers: HC tells trial court to transfer all cases

Stating that both Punjab and Haryana should also take similar action, Sehgal said many of the motorcyclists were from the two states and the ban would be meaningless in case an action on similar lines was not taken in the neighbouring states

By: Express News Service | Chandigarh | Published: March 20, 2018 6:23:42 am
bike silencer, chandigarh silencer bike, punjab and haryana hc, chandigarh news, indian express news Stating that both Punjab and Haryana should also take similar action, Sehgal said many of the motorcyclists were from the two states and the ban would be meaningless in case an action on similar lines was not taken in the neighbouring states (File)

Taking a strong stand against the modification of silencers in motorcycles, the Punjab and Haryana High Court on Monday directed the trial court to forward all cases pertaining to violations of such modification to the HC and also sought a list of those bikers, who have been repeatedly booked for the same offence, from the Chandigarh Police. The direction was given after Senior Standing Counsel of the UT Administration, Suvir Sehgal, informed the division bench of Justices Ajay Kumar Mittal and Anupinder Singh Grewal that though the fine was a deterrent against such violations, in most cases, trial courts have imposed a fine ranging from Rs 200 to Rs 500 for the violation of silencers that produce a jarring noise. “It (small amount) will not pinch anybody,” said Sehgal, adding the fine has to be at least Rs 1,000 in accordance with the law.

The division bench observed that it would order the transfer of all the cases to the court and implead the offenders as a party to the case. The cases have been ordered to be forwarded to the High Court before April 4. Sehgal, while addressing the bench, said the only solution to the problem was a total ban on such modifications, adding the Chandigarh Pollution Control Committee has already issued a notice inviting suggestions on the proposal to order a complete ban on “manufacture, sale, purchase, fitting & use of multitone/pressure/cracker sound emitting silencers/devices”.

Stating that both Punjab and Haryana should also take similar action, Sehgal said many of the motorcyclists were from the two states and the ban would be meaningless in case an action on similar lines was not taken in the neighbouring states. The division bench observed, “If they are used in Chandigarh, impound them. Why should people feel thrilled about (the modification).

We are not going to dispose of the plea unless there is a complete action.” The division bench also asked the police to submit a list of repeat offenders. “Agar aap nahi denge, aapko chalan hojayega (If you don’t submit the list, we will challan you),” the bench warned police officials present at the hearing. The PIL, seeking action against bikers modifying silencers to produce a sound blast, was filed by Dr Bhavneet Goyal in January. The case will be heard again on April 4.

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