The Delhi High Court Bar Association (DHCBA) has raised objections to recent changes to the Central Motor Vehicles Rules, 1989, particularly the provisions governing how disputed traffic challans are challenged and adjudicated.
In a resolution adopted by its executive committee, the association urged the authorities to reconsider the amendments, arguing that disputes involving facts, evidence and liability should be examined by an independent judicial forum.
A key concern is the provision under which contested challans would first be dealt with by executive or departmental authorities rather than an independent judicial body. The DHCBA said such disputes should be subject to meaningful judicial scrutiny.
The association has also questioned the requirement for motorists to deposit 50% of the challan amount before moving a competent court. According to the DHCBA, the financial requirement could make it harder for ordinary citizens to pursue judicial remedies.
Another provision drawing criticism is the 45-day deadline for disputing a challan. Under the amended framework, failure to contest the challan within that period can result in it being treated as accepted.
The DHCBA said the provision could create difficulties for people who face limited digital access or struggle with online procedures, potentially affecting their ability to challenge a challan in time.
While acknowledging the importance of efficient traffic enforcement, the association maintained that speedier enforcement should not undermine fair adjudication or access to judicial remedies.
The resolution was signed by DHCBA President N Hariharan and Secretary Vikram Singh Panwar.
