Traffic Police Should Implement Traffic Rules In A Convincing Manner; Must Ensure That No Undue Harassment Of Any Innocent Citizen Takes Place: Gujarat HC
The Gujarat High Court observed that the traffic police is expected to responsibly implement the traffic rules on roads convincingly so that the public at large will not anticipate any improper demands under the guise of the enforcement of the rules.
The Court directed the concerned authorities to find a solution to see that no person who is responsible for the enforcement of the Motor Vehicles Act/Rules would harass innocent citizens. The Bench also directed authorities to take appropriate action against such person who will commit willful default in observing any Rules under any statute.
A Single Bench of Justice Sandeep N. Bhatt observed, “It is also expected that the traffic police who is responsible to implement the rules of the traffic on roads are also required to be occupied in more convincing manner and also public at large will think in a manner that their work will be done without any anticipation about some improper demand from such person under the guise of the enforcement of the rules. Therefore, let the concerned authorities look into this aspect to find out the solution to see that no person who is responsible for enforcement of any Rules/Act will undue harass any innocent citizen at that time and take appropriate action against such person who will commit willful default in observing any Rules under any statute, but that cannot be used as a lever to ask for any undue demand or to extract money. The law enforcement agencies will act diligently and with care and caution, perform their statutory as well as moral duties."
Advocate Rathin P Raval appeared for the appellants, while GP G.H. Virk represented the respondents.
The Court had earlier passed several orders regarding the functioning of the Regional Transport Authority (RTA) wherein the issuance of licence was taking time of more than one month in many cases.
The Bench stated, “Needless to say that the authorities, who are discharging their duties towards the public at large, are expected to discharge their duties with all integrity and with due diligence and according to the provisions of the statute i.e. the Motor Vehicles Act and the Motor Vehicles Rules and other rules regarding such procedure to be carried out.”
Further, the issues regarding fitness certificates and issuance of permits and thereafter, carrying out the inspection of such vehicles on the road by inspecting whether such vehicles had valid permits or not was also required to be improved in a better manner.
“This Court is of the view that necessary improvement is required to be carried out in the system which is existing today, though the efforts which are now initiated by the respondent authorities are required to be appreciated about the initiation of such efforts, but, the Court is expecting to see that the authorities will discharge their duties morally as well as statutorily without any default or without any ill-will and law & order situation as well as the issue regarding traffic as well as issue with regard to avoid accidents, due to which the citizens are receiving injuries or even fatality is caused due to such accidents which can be minimized or can be avoided,” the Court remarked.
Consequently, the Court directed the authorities responsible to take action to improve their functioning and submit further reports regarding the action taken as well as future action plans to improve the functioning of the system for the benefit of the public at large.
Accordingly, the High Court listed the matter for further hearing on September 18, 2024.
Cause Title: United India Insurance Co. Ltd. v. Kevalji Lumbaji Harijan(Dabhi) & Ors.
Appearance:
Appellants: Advocate Rathin P Raval
Respondents: GP GH Virk; Asst. GP Dharitri Pancholi and Mayank Chavda; Advocates Himansu M Padhya and Vishal C Mehta
