New Delhi: Delhi lawyers came together Monday to protest changes to Rule 167 of the Central Motor Vehicle Rules, 1989, saying the revised challan mechanism shifts judicial functions to executive officers, requires a 50% deposit before a disputed fine can reach court and could disadvantage those unable to navigate online systems.
The New Delhi Bar Association and the Coordination Committee of All District Courts Bar Associations of Delhi have called for a one-day abstention from work on Sept 24, with lawyers holding demonstrations outside district court premises. Under the amended Rule 167, contested challans will instead first go to SDMs, executive magistrates and department officers. Another objection is Rule 167(9), which requires a person whose challenge is rejected by the designated authority to deposit 50% of the challan amount before approaching a court.
They will also gherao the LG House. The lawyers questioned the role assigned to the executive in deciding a person’s challenge before it reaches court, contending that such determination is a judicial function.
Earlier, contested digital or physical challans were transferred to a virtual court or a judicial magistrate, making them eligible for settlement in lok adalats.
Dhir Singh Kasana, former secretary-general of the Saket Court bar association, asked: “Before a trial, how can you ask someone to deposit 50%?
“If a challan is issued because the Motor Vehicles Act has been violated, the court will decide whether the person actually committed the violation or not,” said Tarun Rana, secretary of the New Delhi bar association committee. If someone is accused of murder, will he first complete half his sentence and then file an appeal? He has already been treated as half guilty.”