Says violation of procedural formalities renders citizens remediless; Asks police to release all vehicles seized in gross violation of SOPs
Srinagar: A local court here on Tuesday directed the Traffic police Kashmir to halt issuance of E-challans for seizure of vehicles till the time technical glitches faced by the system are resolved and also asked the traffic police authorities to release all vehicles seized in gross violation.
Special Mobile Magistrate (Traffic) Srinagar observed that the seizure of vehicles by E-challan without following the required procedural formalities renders citizens remediless.
In an order, a copy of which lies with the news agency—Kashmir News Observer (KNO), the court directed IGP Kashmir (Traffic) and SSP Traffic Srinagar to ensure halting of E-challans for seizing vehicles till the time technical glitches are properly resolved.
The court was hearing a plea of an applicant, who vehicle was challaned by the Traffic police Srinagar through e-Challan.
“Undisputed position is that seizure of vehicle in question by E-challan has been issued without following the required procedural formalities. Non compliance of required procedural formalities has not only rendered the applicant remediless but had also denied him the right of a fair trial. The seizure of vehicle as well the fine of Rs. 6000/ imposed upon the applicant is not in accordance with the law,” the court observed
It said accordingly, SSP traffic is hereby directed that amount of fine so recovered from the applicant be returned to the applicant.
“SSP traffic is also directed to ensure the removal technical glitches faced by the system so that public at large does not suffer,”
It also said it has been brought to the notice of this Court that number of other vehicles have been seized by the traffic officials in the same manner through E-challans without ensuring the delivery of corresponding copy of E-challan to this Court.
“All those vehicles which have been seized in gross violation of standard operating procedure of providing copy of E-challan to this Court be released without realizing fine from them,” the court said.
It further directed the IGP Kashmir (Traffic) to ensure the halting of online challans of seizure of vehicles till the technical glitches faced by the system are properly resolved—(KNO)