HYDERABAD: The Telangana High Court has held that the police have no legal authority to stop vehicles on the road to compel motorists to pay pending traffic challans, ruling that such on-the-spot collections lack statutory backing.
The order was passed by Justice NV Shravan Kumar while hearing a petition filed by V Raghavendra Chary, who challenged the practice of police personnel using personal mobile phones to photograph vehicles for issuing challans.
The petitioner contended that the law permits only authorised and specialised devices for traffic enforcement and that roadside demands for payment violate due process.
The court directed the state police to cease all coercive measures for the recovery of pending or already issued challans. It specifically barred the police from stopping vehicles to collect fines, seizing vehicle keys, obstructing motorists, or detaining citizens to force immediate payment.
The court clarified that if a motorist does not pay a challan, the authorities must initiate prosecution before a competent court, rather than acting as a collection agency on the roadside.
Cops do not have unilateral powers: HC
The court added that police may accept payment only if a motorist chooses to pay voluntarily.
Counsel for the petitioner argued that under Sections 200 and 208 of the Motor Vehicles Act, 1988, executive authorities have no unilateral power to compound offences without specific notifications. It was also submitted that although GO Ms No. 108 dated August 18, 2011, outlines compounding fees, the required Gazette notification giving it legal effect has not been published.
The petitioner further pointed out that the existing e-challan system often does not specify the precise legal provision violated, leading to lack of clarity and possible overcharging.
The state has been granted time to file a counter-affidavit. The court noted that while the order restricts coercive recovery of past challans, it does not prevent the police from checking commuters in the normal course for active traffic violations.
Justice Kumar observed that if challans remain unpaid, “the traffic offenders shall face prosecution in the appropriate court”. The case is listed for further hearing on February 3.