Srinagar (Jammu and Kashmir): In a significant development, a Magistrate Court in Srinagar, Jammu and Kashmir, has directed the Senior Superintendent of Police (SSP), Traffic, to sensitize traffic personnel dealing with the e-challan system to avoid wrongful issuances of fines, following a recent incident where a scooty owner was wrongly fined for a traffic violation.
The incident unfolded when an e-challan was issued against a scooty driver for not wearing a helmet. However, the challan was mistakenly issued to another scooty with a similar number plate. The aggrieved scooty owner contested the ticket, leading to an investigation by the Special Mobile Magistrate (Traffic) Court.
Challaning officer Shah Nawaz, who admitted to the error, was summoned by the court. After acknowledging the mistake, the court ordered the cancellation of the defective challan and directed the official to issue a new e-challan to the actual violator.
Mobile Magistrate Mudasar Farooq expressed concern over the recurring issues with the e-challan system, stating, "It appears that either the traffic cops manning the system are not fully trained or not taking due care and caution at the time of initiation of e-challan."
The court, in its order dated February 5, 2024, directed SSP Traffic (City), Srinagar, to sensitize traffic officials dealing with the e-challan system to prevent innocent individuals from facing such difficulties in the future. Additionally, the court instructed the SSP to obtain an affidavit from the challaning officer, ensuring heightened caution during future e-challan issuances.
"The e-challan erroneously issued against the wrong vehicle has been ordered to be promptly removed or canceled from the Parivahan Portal. The Special Mobile Magistrate (Traffic) Court directed the SSP Traffic City Srinagar to issue a new e-challan against the actual violator, rectifying the error," the court said,
Meanwhile, in light of the mental agony, harassment, and legal fees incurred by the aggrieved party due to this mistake, the court has ruled that damages and compensation amounting to Rs 1000 be paid to the applicant. "The responsibility for this compensation lies with the concerned challaning officer, Shah Nawaz, an Inspector."
In a similar incident from November 29, 2022, the court had directed the halting of e-challans for vehicle seizure by the traffic police until technical glitches in the system were resolved. The court had also ordered the release of all vehicles seized without adherence to standard operating procedures.
Advocate Tawseef Manzoor Bhat, representing the applicant in the recent case, emphasized the need for a proper functioning e-challan system and urged authorities to address the ongoing issues to prevent unwarranted inconveniences for citizens.
These incidents underscore the challenges faced by the e-challan system in Srinagar, with citizens regularly reporting erroneous fines issued in their names. The court's directives aim to ensure a fair and accurate implementation of traffic rules, while also protecting the rights of innocent individuals from undue harassment.
