Delhi lawyers strike against 50% pre-deposit challan rule
Lawyers on Monday abstained from work in all seven district courts in the national capital to protest amendments to the traffic challan system, particularly the requirement to deposit 50 per cent of the challan amount before approaching a court. The day-long strike followed a call given by the Coordination Committee of all district court Bar Associations, which had flagged concerns over the amended Rule 167 of the Central Motor Vehicle Rules, 1989.
During their protest, lawyers gathered in all district courts and raised slogans demanding that the Delhi “revoke the amendment. Under the amended mechanism, a person issued a challan is required to either accept and pay it, or contest it through the prescribed portal before an authority specified by the state.” The challenge has to be filed within 45 days.
Lawyers have objected to the provision under which, if the challenge is rejected by the designated authority, the person can approach the competent court only after depositing 50 per cent of the challan amount. They have also questioned the role assigned to the Executive in deciding a person’s challenge before the matter can reach a court, contending that such determination involves a judicial function.
The lawyers said the mandatory pre-deposit could effectively burden a person who disputes the alleged traffic violation and may discourage them from seeking judicial redress.
They also raised concerns over the under which a challan would be treated as “deemed to have been accepted” if it is not contested before the specified authority within the prescribed period.
