INDIA BUSINESS WORLD - MAY - JUNE 2007
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SUPREME COURT REFUSES TO STAY HIGH COURT FINE ON TRAFFIC VIOLATORS

The Supreme Court declined to stay heavy penalties imposed by the Delhi high court on traffic violators in the capital. "Do you have a right to break the law," the bench headed by Justice Arijit Pasayat asked the counsel for the Federation of Delhi Bus Operators, who had filed a special leave petition challenging the quantum of penalties ordered by the high court on March 26.

The court, however, issued notices to the Centre, Delhi government, DDA, NDMC, Joint Commissioner traffic police and the Delhi Cantonment Board seeking their responses on the plea of the petitioner. The petition filed by Harvinder Singh Kalra, president of the federation, submitted that the penalty of Rs 500 imposed by the high court in addition to the various existing fines stipulated under the Central Motor Vehicle Act was beyond the jurisdiction of courts.

The counsel for the federation submitted that the courts only had the power to interpret the law, but could not frame laws or pass orders that were contrary to the statutory provision. It was argued that the authorities can collect only the fine prescribed under the Act for violations. Any excess amount could be collected only through an amendment of the Act, the counsel submitted. The petition complained that even policemen of the rank of head constables, who are not authorised to collect fines, were indiscriminately collecting penalties particularly from truck operators plying in the Capital.

However, the apex court was irked by the submission and said that the citizens too had no right to violate the rules. "Then don't break the law. Why do you want to break the law," the bench asked the counsel.

The high court, taking a serious view of the spurt in road accidents, mostly due to reckless driving by bus operators, had passed a slew of directions including the imposition of heavy penalties. The court had also ruled that only a person with a minimum educational qualification of Class XII would be eligible for a license as a bus driver since the occupation falls under the category of a skilled job. The court had also fixed the same minimum qualification for the bus conductors. The high court had directed the government of the NCT to increase the fine for violating traffic rules by Rs 500. "He (the driver) shall be liable to pay Rs 500 for each offence committed by him in addition to the complaint fee payable.