Chandigarh, April 26
The Punjab government has pocketed the powers to deal with traffic challans. It has conferred the powers to conduct trial of traffic-related offences on the district transport officers, after taking it from the courts.
A circular to this effect, dated February 8, has been issued by the Punjab State Transport Commissioner to all district transport officers (DTOs). It is based on a decision taken at a meeting held on December 14 last year under the chairmanship of the chief secretary.
The circular says the challans will be sent to the office of the DTO by the Punjab police for disposal. The time fixed for the purpose shall be displayed on a board for the information of the general public.
The DTOs or assistant DTOs have been asked to remain present in the office during the specified hours.
Punjab’s inspector-general of police (traffic), too, has issued a circular dated February 28 to all senior superintendents of police, asking them to present the traffic challans before the DTOs concerned. Ostensibly, it has been done to expedite the process of disposing of the challans, “pending for a considerable period due to which the owners of the vehicles face hardship”.
Reacting to the development, Punjab and Haryana High Court advocates H.C. Arora and A.P.S. Shergill say the Punjab government has not shown even the elementary courtesy to consult the high court before tinkering with the powers of the courts under its jurisdiction.
Referring to the provisions of the Motor Vehicles Act, 1988, the lawyers assert the officers cannot be conferred such powers to conduct trial of traffic related offences under any of the provisions of the statute.
The transport department officers simply have the power to compound offences, and to conduct seizure or search. But, they cannot decide or dispose of traffic challans. In a public interest litigation filed before the High Court, they have alleged that Section 208 and 209 of the Motor Vehicles Act, 1988, specifically confers powers only on the Courts for trial of traffic offences envisaged under the Act.
