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BEFORE THE HONOURABLE SUPREME COURT OF MAHAMITRA, MAHAMITRA
IN ITS CIVIL APPELLATE JURISDICTION
WRIT PETITION (CIVIL) NO. _____/
CENTER OF CIVIL RIGHTS (CCR) Petitioner V. UNION OF MAHAMITRA Respondent MEMORIALS ON BEHALF OF THE PETITIONER
IN THE MATTER OF THE MOTOR VEHICLES
(AMENDEMENT) ACT, 2019
INSERTING SECTION 194A, 194B(1), 194B(2),
194C, 194D, 194F, 199(A)(1) & 199(A)(2) TO THE
MOTOR VEHICLES ACT 1988
AND
IN THE MATTER OF, ARTICLE 14, 21 OF THE
CONSTITUTION OF MAHATMITRA
BEFORE SUBMISSION TO THE
HONOURABLE CHIEF JUSTICE AND HIS
COMPANION JUSTICES OF THE
HONOURABLE SUPREME COURT OF
MAHAMITRA
By Mayur Pachakale TABLE OF CONTENTS Sr. No Heading Page No.
- Table of Contents 2
- Index of Authorities 3
- Statement of Jurisdiction 4
- Statement of Facts 5
- Statement of Issues 7
- Summary of Pleadings 8
- The Arguments Advanced 9
- Prayer Clause 14
STATEMENT OF JURISDICTION
The petition is filed under Article 32 of the Constitution of Mahamitra a Writ Petition on and under the extraordinary or residuary power of Supreme Court of Mahamitra to deal with matter in the interest of justice. Article 32 : Remedies for enforcement of rights conferred by this Part (Part III):
- The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed
- The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part
- Without prejudice to the powers conferred on the Supreme Court by clause (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2)
- The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution
STATEMENT OF FACTS
The Union of Mahamitra has similar socio-economic-legal system like Union of India. The Petitioner “Centre of Civil Rights (CCR)” a registered Non-Government Organisation, founded for the express purpose of ventilating common problems of the people and securing their resolutions. Motor Vehicles Act 1988 was enacted to consolidate and amend the law relating to accidents arising out of Motor Vehicles. There have been quite a few amendments in the Act of 1988 in the year 1994, 2000 etc. to make its object and scope wider and to deal with all eventualities arising therefrom. In recent amendments in Motor Vehicle (Amendment) Act 2019 certain provision related to increasing of certain fines, vicarious liability for guardians, Road Safety Authority etc. In past few days and after the implementation of this Act in certain States, there have been cases which have demonstrated the abuse of provisions related to excessive fines have led to violation of fundamental rights of citizens and has had a chilling impact upon enjoyment of fundamental rights by the public. Some of the important events that have happened in this regard are as follows: -
- On 4th^ Sep 2019 Mr. Dinesh Madan, a resident of Delhi was fined with a challan of Rs 23000/- by Gurugram Police for flouting several rules related to driving without license, without insurance, without helmet. He was asked to produce the documents within 10 minutes in spite of, he telling the police that he stayed Delhi and it would not be possible for him to produce documents within such short time. On which the Police tool the vehicle keys and impounded his vehicle (Honda Activa).
The valuation of his 2nd^ hand vehicle was just Rs 15,000/- and fine collected was Rs 23,000/-
- Earlier a truck driver with a vehicle bearing a Nagaland registration number was fined a whopping Rs 86,500 by the Regional Transport Officer in Sambalpur district of Odisha. According to Sambalpur’s regional transport officer Lalit Mohan Behera, truck driver Ashok Jadav was penalised a total of Rs 86,500 including Rs 500 for general offence, Rs 5,000 for allowing unauthorized persons to drive, Rs 5,000 for driving without a licence, Rs 56,000 for overloading with an excess of 18 tonne (total 42 tonnes, which was extra 18 tonnes from allowed wait), and Rs 20,000 for carrying over-dimension projections load. Though the total fine amount
STATEMENT OF ISSUE
ISSUE 1.
Whether the Writ is maintainable and whether the petitioner has Locus Standi? ISSUE 2. Whether recent provisions of made in amended Motor Vehicle Acts 2019 with regards to almost 10- fold increase in fines / penalties under Section 194A, 194B(1), 194B(2), 194C, 194D, 194F for traffic violations and Vicarious Criminal Liability under Sec 199(A)(1), 199(A)(2) for guardians of children who violate traffic rules is justified and reasonable and do they violate Article 14, 21 of the Constitution of Mahamitra.
SUMMARY OF PLEADING
ISSUE 1.
Whether the Writ is maintainable and whether the petitioner has Locus Standi? Yes. The present Writ Petition is maintainable under Art.32 of the Constitution of Mahamitra, as there is a mass violation of Fundamental Rights and the Citizens Commission on Civil Rights has Locus Standi to represent the matter before this Hon’ble Court. The Supreme Court has been constituted into the protector and guarantor of the Fundamental Rights commenting on the solemn role entrusted to itself by Article 32. ISSUE 2. Whether recent provisions of made in amended Motor Vehicle Acts 2019 with regards to almost 10- fold increase in fines / penalties under Section 194A, 194B(1), 194B(2), 194C, 194D, 194F for traffic violations and Vicarious Criminal Liability under Sec 199(A)(1), 199(A)(2) for guardians of children who violate traffic rules is justified and reasonable and do they violate Article 14, 21 of the Constitution of Mahamitra. Not justified , Section 194A, 194B(1), 194B(2), 194C, 194D, 194F Of Motor Vehicle Act 2019 violates Fundamental Rights under Article 14 by imposing unreasonable / hefty and arbitrary fines and penalties, whereas Section 199A violates Fundamental Rights under Article 14 and Article 21 (Right to Life and Personal Liberty) again by imposing heft fines and vicarious liability for guardians.
ISSUE 2.
Whether recent provisions of made in amended Motor Vehicle Acts 2019 with regards to almost 10- fold increase in fines / penalties under Section 194A, 194B(1), 194B(2), 194C, 194D, 194F for traffic violations and Vicarious Criminal Liability under Sec 199(A)(1), 199(A)(2) for guardians of children who violate traffic rules is justified and reasonable? IT is Humbly Submitted that: - No , Amendment made to Motor Vehicle Act are not justified. Section 194A, 194B(1), 194B(2), 194C, 194D, 194F Of Motor Vehicle Act 2019 violates Fundamental Rights under Article 14 by imposing arbitrary and hefty fines and penalties, whereas Section 199A violates Fundamental Rights under Article 21 (Right to Life and Personal Liberty) again by imposing hefty fines and vicarious liability for guardians which includes provision for imprisonment. As the amendment made by the legislature is arbitrary, unfair and unreasonable and violates Fundamental Rights of citizens Section 194, provides that, In sub-section 1 fine for - Excess load (beyond the side of the body or to the front or to the rear or in height beyond the permissible limit) In sub-section 1A - Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven when such motor vehicle is loaded in such a manner that the load or any part thereof or anything extends laterally beyond the side of the body or to the front or to the rear or in height beyond the permissible limit shall be punishable with a fine of twenty thousand rupees, together with the liability to pay charges for off-loading of such load. Section 194(A), provides that, Whoever drives a transport vehicle or causes or allows a transport vehicle to be driven while carrying more passengers than is authorized in the registration certificate of such transport vehicle or the permit conditions applicable to such transport vehicle shall be punishable with a fine of two hundred rupees per excess passenger. Section 194(B), provides that, (1) Whoever drives a motor vehicle without wearing a safety belt or carries passengers not wearing seat belts shall be punishable with a fine of one thousand rupees.
(2) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven with a child who, not having attained the age of fourteen years, is not secured by a safety belt or a child restraint system shall be punishable with a fine of one thousand rupees. Section 194(C), provides that, Whoever drives a motor cycle or causes or allows a motor cycle to be driven in contravention of the provisions of section 128 or the rules or regulations made thereunder shall be punishable with a fine of one thousand rupees and he shall be disqualified for holding license for a period of three months. Section 194(D), provides that, Whoever drives a motor cycle or causes or allows a motor cycle to be driven in contravention of the provisions of section 129 or the rules or regulations made thereunder shall be punishable with a fine of one thousand rupees and he shall be disqualified for holding license for a period of three months. Section 194(F), provides that, (a) while driving a motor vehicle— (i) sounds the horn needlessly or continuously or more than necessary to ensure safety, or (ii) sounds the horn in an area with a traffic sign prohibiting the use of a horn, or (b) drives a motor vehicle which makes use of a cut-out by which exhaust gases are released other than through the silencer, shall be punishable with a fine of one thousand rupees and for a second or subsequent offence with a fine of two thousand rupees.” Main object to Amend the Act – The amendments are mainly focused on issues that relate to improving road safety and citizens’ ease and facilitation while dealing with the Transport Department. 1) With an aim to enhance road safety, the bill proposes to increase penalties, that it hopes will act as deterrent against traffic violations. Stricter provisions are being proposed with respect to offences like driving without licence, over-speeding, juvenile driving, drunken driving, dangerous driving, overloading etc.
- There is also a proposal to mandate the automated fitness testing for the transport vehicles with effect from October 1, 2018. The government is of the opinion that this would reduce corruption in the transport department, while at the same time improving road worthiness of a vehicle. Penalties have also been proposed for deliberate violation of safety/environmental regulations.
gives data of violations if any, this would make people more aware of their responsibilities and duties towards abiding traffic and road safety law and create a quasi-deterrent.
PRAYER
In the lights of facts pleaded, issues raised, arguments advanced and authorities cited and taking into the consideration all the facts and circumstances of the case, it is therefore, humbly prayed before this Hon’ble Court that
- Allow the petition.
- Declare Section 194A, 194B (1), 194B (2), 194C, 194D, 194F of the Amended Motor Vehicle Act 2019 as Violative of Articles 14 & 21 of the Constitution of Mahamitra and hence direct the State to reconsider the hefty penalties imposed.
- Declare Section 199(A) of the Amended Motor Vehicle Act 2019 as Violative of Articles 14 & 21 of the Constitution of Mahamitra and hence unconstitutional.
- Pass such other or further order which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case. AND FOR THIS ACT OF KINDNESS THE RESPONDENT AS IN DUTY BOUND EVER PRAY. Date: 09/10/2019 Petitioner Through Centre Of Civil Rights Counsel for Petitioner
