The Gauhati High Court has issued notices to the state respondents following a Public Interest Litigation (PIL) that challenges the constitutionality of e-challans issued by the Traffic Police under the provisions of the Motor Vehicle Act, 1988, and the Motor Vehicle Rules. The PIL was heard by a Division Bench consisting of Chief Justice Vijay Bishnoi and Justice Suman Shyam.
The petitioner, represented by Senior Advocate Benu Dhar Das, argues that the current system, where the police serve as both accuser and adjudicator in cases of traffic violations, undermines the principles of a fair trial as enshrined in the Constitution and criminal jurisprudence. According to the petitioner, this dual role violates the established legal doctrine that one cannot be both judge and prosecutor in the same case.
Moreover, the PIL highlights that vehicle owners are compelled to prove their innocence in e-challan cases, a process that the petitioner claims shifts the burden of proof inappropriately. Additionally, the PIL criticizes the standard operating procedures set by the Assam government, which restrict the processing of essential vehicle-related transactions, such as obtaining No Objection Certificates, Fitness certificates, Tax payments, and the renewal of driving licenses, while a challan remains pending.
