Neutral Citation Number: 2023/DHC/000924

W.P.(C) 13924/2021

Page 1 of 19

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on:

17.01.2023

%

Judgment delivered on:

09.02.2023

+

W.P.(C) 13924/2021

SONALI KARWASRA

..... Petitioner

Through:

Petitioner in person.

versus

UNION OF INDIA AND ORS.

..... Respondents

Through:

Mr. Ajay Digpaul, CGSC with

Mr.Kamal Digpaul and Ms. Swati

Kwatra, Advocates for Respondent

No.1 & 3/ UOI.

Mr.

Santosh

Kumar

Tripathi,

Standing Counsel with Mr. Arun

Panwar, Mr. Utkarsh Singh and

Mr.Tapesh Raghav, Advocates for

Respondent No.2.

CORAM:

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

J U D G M E N T

SATISH CHANDRA SHARMA, C.J.

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

Digitaaly Signed

By:BHUPINDER SINGH

ROHELLA

Signing Date:09.02.2023

15:32:27

Signature Not Verified

Neutral Citation Number: 2023/DHC/000924

W.P.(C) 13924/2021

Page 2 of 19

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.

4.

The Petitioner has further stated that the equipments used to detect

violation of traffic lights are sub-standard. They are not based on updated

technology, which is resulting in erroneous imposition of fines on the

common man.

Digitaaly Signed

By:BHUPINDER SINGH

ROHELLA

Signing Date:09.02.2023

15:32:27

Signature Not Verified

Neutral Citation Number: 2023/DHC/000924

W.P.(C) 13924/2021

Page 3 of 19

5.

The Petitioner has further stated that the Motor Vehicles Act, 1988

was previously amended in 1994 and now has been amended through the

Amendment Act of 2019. However, the speed limit violation detection

technology, the drunken driving breath analyzing technology and the red-

light violation technology are not in sync with the changing times. It was

submitted that there is a need for more advanced technology.

6.

The Petitioner has further stated that no guidelines have been

implemented with respect to the technology relied upon by Traffic officials

to detect violations. It is submitted that the same is creating a lacuna in the

infrastructure of the system relied upon. It is stated that the lacunae created

due to the infrastructure and the subsisting system is leading to an arbitrary

imposition of fines upon innocent citizens who in fact abide by traffic rules.

It has been further stated that the equipment used by the Traffic Police is

neither calibrated nor maintained