[MV Act] No Person Responsible For Enforcement Of Rules Shall Unduly Harass Innocent Citizens, State Must Improve Transport System: Gujarat HC

While hearing a matter pertaining to the Motor Vehicles Act, the Gujarat High Court asked the concerned higher authorities to come up with a future plan to hold non-compliant officials accountable for neglecting to enforce the law and to ensure that innocent citizens are not harassed in the process.

Authorities are expected to take appropriate action against those who willfully fail to observe rules under any statute, it added.

A single judge bench of Justice Sandeep N Bhatt in its August 14 order also said, “It is also expected that the traffic police who is responsible to implement the rules of the traffic on roads are also required to be occupied in more convincing manner and also public at large will think in a manner that their work will be done without any anticipation about some improper demand from such person under the guise of the enforcement of the rules".

“Therefore, let the concerned authorities look into this aspect to find out the solution to see that no person who is responsible for enforcement of any Rules/Act will undue harass any innocent citizen at that time and take appropriate action against such person who will commit willful default in observing any Rules under any statute, but that cannot be used as a lever to ask for any undue demand or to extract money. The law enforcement agencies will act diligently and with care and caution, perform their statutory as well as moral duties,” Justice Bhatt added.

Justice Bhatt also noted that officials performing their duties towards the public are expected to do so with integrity, diligence, and in accordance with the Motor Vehicles Act, Motor Vehicles Rules, and other rules regarding such procedures to be carried out.

The Court was hearing a petition related to the approval of claims by insurance companies for passengers of over-capacity vehicles operating illegally.

Taking note of several deficiencies within the Regional Transport Authority, the high court further said, “The Court has indicated certain lacuna in the system, more particularly, pertaining to functioning of Regional Transport Authority whereby the issuance of licence is taking time of more than one month in many cases. The registration of necessary endorsement in the registration book regarding change of ownership is also taking months in many cases. Further, the issues regarding fitness certificate and issuance of permit and thereafter, carrying out the inspection of such vehicle on the road by inspecting that such vehicles are having valid permit or not is also required to be improved in better manner.”

The Court observed that while necessary improvements are required in the current system, the respondent authorities' recent efforts to address these issues are commendable. However, the Court emphasized its expectation that the authorities would fulfil their duties both morally and statutorily without any default or ill-will and that they would address the issues of law and order, traffic, and accidents, which often lead to injuries or fatalities that could be minimized or avoided.

The Court also directed, “Let the respective authorities who are responsible to take action may improve its functioning and submit further report by way of affidavit after four weeks from today regarding the action taken during this period as well as future action plan to improve the functioning of the system which ultimately benefits to the public at large.”

The Court further said that the Secretary, Home Department, and DGP of State may look into the matter and also asked the Commissioner of Transport to monitor the issue and give proper guidance to the officers concerned so that accidents on highways can be minimised.

The court also called for "fastening liabilities" on the insurance company or avoiding liability by the insurance company due to non-performing of certain requirements which will be required to be addressed in appropriate manner.

The court asked the concerned authorities to propose a "future action" plan on fixing the accountability and liability of erring officers–" who could be considered accountable for such repeated accidents", which may happen in future in the particular area and also the proposed action against such erring officer

While concluding, the Court expressed appreciation for the efforts of advocates G.H. Virk and Mayank Chavda who appeared for the state authorities in the matter, and concluded by saying, “This Court is expecting better results pursuant to their efforts which can be visible at the ground level in coming days.”

The matter is next listed on September 18.

Case Title: United India Insurance Co. Ltd. Versus Kevalji Lumbaji Harijan(Dabhi) & Ors.

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