Why Delhi lawyers are skipping work over amended traffic challan rules

What the new challan process says

Under amended Rule 167(5), a person issued a challan must either accept and pay the amount specified in it or contest it through the prescribed portal, along with documentary evidence, before the authority specified by the state government, stated the circular

The challenge has to be made within 45 days of the challan being issued.

The amended Rule further states that if a person does not contest the challan before the specified authority, it will be considered “deemed to have been accepted”.

The most contentious provision that they’re protesting is the mandatory 50% pre-deposit requirement.

“More significantly, the amended mechanism provides that where the submissions of the person concerned are rejected, the person is required to approach the competent court only after depositing 50% of the amount specified in the challan, in a manner prescribed by the State Government,” the circular read.

Deems the person ‘half guilty’

Lawyers told The Indian Express that asking a person to pay 50% of the challan before going to the court has two primary issues: one, it treats the person as “half guilty” and, two, it transfers judicial powers to the executive.

“This is judicial work, how can the executive handle it? How will government officers do this? If a challan is issued because the Motor Vehicles (MV) Act has been violated, the court will decide whether the person actually committed the violation or not,” said advocate Neeraj, Chairman of the Coordination Committee.

He said the system could also prevent people from explaining circumstances behind an alleged traffic violation. “If someone jumps a traffic light after being stuck for 30 minutes because his mother is sick or there’s an emergency… won’t that person get the chance to tell this to the court?” he said.

He gave another example: “Suppose someone’s daughter met with an accident. Her phone broke and then they drive on the wrong side. If a challan has been issued, I should have the chance to explain to the court…”

Advocate Tarun Rana, secretary of the New Delhi Bar Association, also questioned the requirement to make a payment before a court hearing. “Before a trial, how can you ask someone to deposit 50%? If someone allegedly commits a murder, can you tell them to serve half their sentence without a trial? They have already been proven half guilty,” he said.

Advocate Vijay Bishnoi, secretary of the Bar Association of Rouse Avenue Court, also called it “illegal and arbitrary”. “Asking a person to pay 50% challan before they’re heard by a court is unconstitutional.”

Dhir Singh Kasana, Former Secretary, Saket District Court Bar Association, said judicial work can never be assigned to government officers. “And to introduce a condition that if a fine is imposed and you want to go for an appeal, you have to deposit 50% first — there is no such law anywhere.”

Lawyers flag digital access concerns

Rana also raised concerns about people who may struggle to use the new digital process, particularly commercial drivers and truck drivers.

“A message will be received when a challan is issued, and an objection must be filed within a few days. An officer or appropriate authority will be appointed in every state. They will respond to your objections,” he said.

“In our country, commercial drivers and truck drivers are not tech-savvy. They won’t be able to figure this system out. If a challan is not contested within the time limit, it will be considered as deemed to be paid,” he added.