SONALI KARWASRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present Writ Petition has been filed under Article 226 of the Constitution of India as a Public Interest Litigation (PIL), and the Petitioner has shown serious concern with respect to imposition of fine for violation of various statutory provisions under the Motor Vehicles Act, 1988 and the subsequent amendment to it, i.e., the Motor Vehicle (Amendment) Act, 2019.

(2.) The Petitioner's contention is that the infrastructure in respect of technology for detection of violation of traffic rules is not in consonance with international standards. Further, the same is not standardized throughout the country and no information/ minimal information is available with respect to the operation/ limitation/ errand/ challenges in respect of the technology which is being used. The Petitioner has stated that there are various instances where hefty fines have been levied upon innocent citizens on account of faulty equipment and technology used by the Traffic Police, and citizens at large are suffering due to the same.

(3.) The Petitioner has further stated that in a large number of developed countries, there are well-established standards/ rules/ guidelines along with monitoring agencies which efficiently monitor traffic violations and implement vehicular law. It has been submitted by the Petitioner that in our country, the technical equipment purchased and deployed to enforce laws concerning motor vehicles is done so without considering any standards/ guidelines. Further, several lacunae exist with respect to the manner of functioning of monitoring agencies as well as when it comes to efficient implementation of laws.