Delhi: Bar body announces lawyers' strike over traffic challan rule changes

New Delhi: The Coordination Committee of All District Courts Bar Associations of Delhi on Sunday issued a circular, calling all member advocates to abstain from work on Monday to protest against the recent amendments to the Central Motor Vehicles Rules regarding the mechanism to dispose of traffic challans.

The circular said its members have unanimously resolved to observe a one-day "abstention from work" on September 21 as a token protest against the amended Rule 167, which they termed as "draconian and arbitrary".

The bar body objected to three specific aspects of the amendment, including the "proposed/implemented transfer of adjudicatory powers over contested challans from judicial magistrates to Sub-Divisional Magistrates (SDMs), Executive Magistrates and other departmental officers" and "the designation of officers from departments such as Food & Supplies, Tehsildars and District Transport & Enforcement Offices for redressal of challans."


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It also contested the mandatory 50 per cent pre-deposit requirement for litigants seeking further judicial remedy after their challan is rejected, saying the mechanism creates "an unreasonable impediment to judicial remedy."

According to the circular, under the amended Rule 167(5), a person issued a challan must either pay the specified amount or contest it through a prescribed portal within 45 days, failing which the challan is deemed accepted under Rule 167(6).

It said that, according to the amended Rule 167(9), it requires a person whose challenge is rejected by the designated authority -- even after an order from a judicial magistrate -- to approach the competent court only after depositing 50 per cent of the challan amount.

The committee's circular said the issue was "not merely administrative in nature" and concerned the right of citizens to have contested challans adjudicated by a competent judicial forum, besides raising questions about the separation of executive and judicial functions.

It said the 50 per cent pre-deposit condition had "serious implications for access to justice", particularly for ordinary citizens unable to arrange such funds.

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The circular signed by its secretary general Narveer Dabas said the committee had raised the matter with the Delhi government on multiple occasions, including a representation on August 27 and another to the chief minister and law minister on September 7, and had been assured in meetings that the proposal to appoint SDMs and other officers would not be implemented without first consulting the central government.

The circular said that media reports, however, subsequently indicated that officers from various departments had already been notified as authorities for challan redressal, a development the committee viewed with "grave concern".

It said that a meeting had been held on Saturday (September 19), where the committee unanimously resolved "abstention from work" on Monday, and that advocate members would also assemble for a peaceful protest outside their respective court premises at 11:30 am.

"Members are requested not to appear before any court, either physically or through virtual mode, on September 21 in pursuance of the unanimous resolution," the circular said.

It also warned of intensified agitation if the concerns are not addressed.

In line with the call, Advocate Tarun Rana, secretary of the New Delhi Bar Association, issued a circular stating that there would be complete abstention from work at the Patiala House Courts Complex on Monday, with members gathering at Gate No 4 at 11:30 am to register their protest.