The next time you approach the Delhi Traffic Police with a complaint about harassment, overcharging or refusing to ply to your destination by auto drivers, you may get disappointed.
In a rather audacious move to woo his vote bank, Chief Minister Arvind Kejriwal announced restrictions on the powers of the Delhi Police to impound auto-rickshaws in the national Capital. This is in clear violation of the Supreme Court's 1997 judgement, which conferred powers on the traffic police to seize or detain any motor vehicle which causes hazard to public's safety.
Imposing restrictions on police powers that autos, taxis and RTVs can be impounded only if the drivers do not possess a valid permit, driving licence or a fitness certificate also grossly violate the recommendations made by the Justice Usha Mehra committee in the aftermath of the gruesome December 16 gang-rape. The Usha Mehra committee had suggestion autos to be prosecuted under sections 66/192 of the Motor Vehicles Act, which gives authority to the Traffic Police to impound an errant auto for refusal to ferry a passenger.
It was after the commission's report that keeping in view of the safety of passengers, complaints such as harassment, overcharging and refusing to ferry passengers was brought within the ambit of the violation of the permit conditions, and TSR vehicles could be impounded.
The Traffic Police had prosecuted 2,59,527 TSRs last year, out of which 18,010 vehicles were impounded and in 596 cases, drivers were arrested. According to Traffic Police, 4,613 challans were issued against TSRs for overcharging and misbehaviour with the passengers and 4,613 for refusing passengers last year.
Grossly violating the Supreme Court judgement, the Kejriwal Government has also gone a step further stating, “The spirit of the honorable Supreme Court judgement dated 20/11/1997 in CWP 13020/1985 was to regulate the movement of heavy and medium transport vehicles and light goods vehicles. In light of the above, it is proposed that powers delegated v/s 86(4) of the MV Act should be limited to above category of vehicles only. However, for the rest of the vehicles categories other than the above mentioned categories, the powers may be delegated v/s 86(4) of MVA only for the following violations --- driving without valid permit, licence or fitness.”
In conferring prosecuting powers on the traffic police, the SC order had stated, “In addition to the provisions in the existing laws, the police Act and the Code of Criminal Procedure confer ample powers on the authorities to take the necessary steps to control and regulate the road traffic and to suspend/cancel the registration or permit of a motor vehicle if it poses threat or hazard to public safety.”
The apparent “political” move restricting the power of Delhi traffic police is the result of the pressing demands by auto drivers who have been demanding less stringent verification for commercial vehicle licence, which they say is a source of daily harassment by the police. They also want that the State Transport department, not the Delhi Traffic Police to handle their prosecution. Delhi auto drivers are seen as an elemental component of AAP phenomenal performance in the Delhi Assembly elections.