Civic Authorities Do Not Have "Guts & Spine" To Enforce Traffic Rules: Gujarat HC Reprimands Ahmedabad Municipal Corp. & Traffic Police

The Gujarat High Court while referring to the last week's car accident in Ahmedabad city which claimed nine lives reprimanded the Ahmedabad Municipal Corporation (AMC) and the Traffic Department (TD) and said the civic authorities do not have the "guts and spine" to enforce traffic rules.

Further, the Court said that had police carried out regular checks, the tragedy could have been averted

 The Court emphasized that AMC and TD have not been held in contempt only because of their assurance, to strictly enforce traffic and parking rules and that strict action will be taken against perpetrators.

The Division Bench of Justice A.S. Supehia and Justice M.R. Mengdey observed, “In view of the submissions advanced by both the learned Government Pleader and learned advocate Mr. Chhaya, this Court did not frame any charges under the Contempt of Courts Act, 1971 against the officers and has refrained to do so only on the assurance given by them on their behalf that henceforth the rule of law concerning the traffic and parking will be strictly implemented by them and no leniency shall be shown to the perpetrators committing such violation of law”.

Advocate Amit M. Panchal appeared for the Applicants, Government Pleader M.L Shah appeared for Respondent no. 1 and Advocate Satyam Y. Chhaya appeared for Respondent no.2.

In this case, the Gujarat State Legal Services Authority (GSLSA) submitted a report containing the photographs of the roads as suggested by the Court in a previous order. The report shows that the AMC and TD have not complied with the order and judgement of the Court in Writ Petition (PIL) No.170 of 2017. The report showed a disregard for Court orders, including illegal parking, encroachment by businesses, chaos at crossroads, wrong-way driving, and disruption of traffic due to haphazard parking.

The Court placed reliance on Sharda Sahkari Gruh Mandali Limited and others. vs. Ahmedabad Municipal Corporation and others (2006 (2) GLR 1765) and noted that the AMC and TD have not complied with the directions of the Court even after five years. It was also observed that the authorities have not conducted a periodic survey or inculcated the habit in the constables or personnel to ensure that the laws are enforced.

The Bench asserted, “It appears that, the authorities have also not conducted any periodical survey akin to the survey done by the Gujarat State Legal Services Authority so that such menace could have been addressed in a periodical manner and it was requisite for the AMC as well as the Traffic Control to inculcate the habit in the constables or personnel, who are employed by them at lower level, to see that the laws are enforced with iron hand. Much water has flown and this Court has shown enough generosity to the officers”.

The Court further noted, “The authorities of both the AMC as well as the Traffic Department have failed to strictly implement/ enforce the law and to apprehend the perpetrators, who violate the traffic laws with impunity. It was expected from the highest authorities i.e. both the AMC as well as the Traffic Department to instruct their personnel, who are employed and are deployed at their places, to enforce the traffic laws and to remove the encroachment immediately as and when it is noticed”.

Accordingly, the Court listed the matter for August 9.

Cause Title: Mustak Hussain Mehndi Hussain Kadri v. Jagadip Narayan Singh, IAS

Click here to read/download the Order