The Jammu & Kashmir High Court Bar Association, Jammu (Regd.), today held a press conference to highlight and place before the public its serious concerns regarding the recent amendments and policy changes concerning the electronic traffic challan system under the Motor Vehicles law.
The Association, while acknowledging the importance of effective traffic regulation, road safety and responsible enforcement of traffic laws, expressed concern over the manner in which the new e-challan mechanism is being implemented and its potential impact upon ordinary citizens, vehicle owners and drivers.
President K.Nirmal Kotwal alongwith S. Baldev Singh (Vice-President), Pardeep Majotra (General Secretary), Anshu Mahajan (Joint Secretary), Rahul Aggarwal (Treasurer) emphasised that technological advancement in traffic enforcement must go hand in hand with transparency, accountability, procedural fairness and adequate safeguards for the rights of citizens. The Association drew attention to the practical difficulties that may arise from the automated generation and recovery of e-challans, particularly in circumstances where a citizen disputes the alleged violation, the identity of the driver, the accuracy of the electronic record or the circumstances in which the challan has been generated.
The JKHCBAJ (Regd.) further stressed that an enforcement mechanism, however technologically advanced, cannot operate in isolation from the fundamental principles of natural justice and due process of law. Citizens must have a meaningful and accessible opportunity to know the basis of an alleged violation, contest an incorrect challan, seek appropriate correction or review, and obtain an effective remedy wherever an error has occurred.
The Association also expressed concern over the difficulties that may be faced by members of the public who are not technologically equipped or who may encounter difficulties in accessing, understanding or contesting electronic challans. The Association emphasised that digitisation should facilitate access to justice and public services rather than create additional barriers for citizens.
The JKHCBAJ (Regd.) called upon the Government and the concerned authorities to undertake a comprehensive review of the implementation framework and to ensure that the e-challan system incorporates adequate safeguards against erroneous or disputed challans. The Association also urged that the process of issuance, verification, adjudication and recovery of e-challans should be clear, transparent, accessible and consistent with the principles of fairness and natural justice.
The Association made it clear that its concerns are not against road safety or lawful traffic regulation. Rather, the objective is to ensure that enforcement remains lawful, proportionate, transparent and citizen-centric, and that technological mechanisms are employed in a manner consistent with the constitutional and legal rights of the people.
The JKHCBAJ reiterated that the legal fraternity has an important role to play in bringing matters affecting public rights to the attention of the appropriate authorities and the public at large. The Association shall continue to examine the legal and practical implications of the new regime and shall take such appropriate steps as may be warranted in the interest of justice and protection of citizens’ rights.