JAMMU — Lawyers in Jammu have raised objections to the implementation of the amended motor vehicle challan mechanism, particularly provisions under amended Rule 167 of the Central Motor Vehicles Rules, 1989.
The lawyers said the amended framework confers adjudicatory powers on executive authorities that were earlier exercised through the judicial process.
Under the amended mechanism, disputed traffic challans are to be taken before an authority designated by the government. The framework also provides for a pre-deposit of 50 per cent of the challan amount before a person can approach the competent court after rejection of the challenge.
Addressing a press conference, lawyers in Jammu voiced concerns over the implementation of these provisions in Jammu and Kashmir.
They argued that disputes involving traffic penalties and challans should continue to be subject to judicial scrutiny rather than being decided primarily through an executive mechanism.
The objections come against the backdrop of protests by lawyers in Delhi, who have also opposed the transfer of such adjudicatory functions to executive authorities and raised concerns over the financial pre-deposit requirement.
Lawyers in Jammu also raised concerns over the manner in which the e-challan system is being enforced.
They called for safeguards to ensure that motorists have an effective and accessible mechanism to challenge disputed challans and seek judicial remedy.
The lawyers maintained that the amended system should balance enforcement of traffic regulations with adequate procedural safeguards for motorists seeking to contest penalties.
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