CIVIL LIBERTIES COUNCIL REP. BY ITS GOVERNOR, R. R. DALAVAI, MADRAS, Vs. GOVERNMENT OF TAMIL NADU AND ANOTHER

JUDGEMENT

(1.) The appellant is the Civil Liberties Council represented by its Convener R. R. Dalavai and according to the appellant the writ petition was filed in public interest.

(2.) The system of compounding of offences for traffic violations, otherwise known as the spot fine, was introduced in 1986 by a notification issued under Sec. 127(B) of the Motor Vehicles Act, 1939. The officials of the Police and Transport Departments were empowered to sanction the compounding of offences. Subsequently, in the year 1989, the spot fine system was abolished by rescinding the notification giving the powers to the officials. In the year 1992, the Government after examining the matter again decided to re-introduce the spot fine system in the City of Madras. Accordingly the Government of Tamil Nadu in G. 0. Ms. No. 1767, Home (Transport VII) Department, dated 28-10-1992 issued the notification in exercise of the power under sub-section (1) of Sec. 200 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), (hereinafter referred to as the Act), which runs as follows:

(3.) In writ petition 19325 of 1992 the appellant challenged G. O. Ms. No. 1767, Home (Transport VII) Department, dated 28-ID-1992 containing the notification issued by the Government in exercise of the powers conferred by sub-section (1) of Sec. 200 of the Act specifying the police officers who are empowered to compound the offences under certain sections of the Act. The learned Single Judge, by order dated 8-12-1992 dismissed writ petition 19325 of 1992. This writ appeal is directed against the said order of the Igarned Single Judge dismissing writ petition, 19325/ 92.