The Delhi High Court Bar Association (DHCBA) has voiced deep concern and strong objection to the recent amendments made to the Central Motor Vehicles Rules, 1989 governing the adjudication of traffic challans.

In a resolution passed on Wednesday, association's executive committee called on the concerned authorities to reconsider the changes, emphasising that disputed traffic challans must remain subject to effective, independent and accessible judicial scrutiny.

Therefore, the bar body objected to the changes as per which contested challans are now required to be initially adjudicated by executive or departmental authorities rather than an independent judicial forum.

"Disputed questions concerning the facts, evidence and liability arising from a challan ought to be adjudicated by an independent judicial forum only," the resolution stated.

The DHCBA further flagged the requirement mandating a pre-deposit of 50 percent of the challan amount before approaching a competent court.

This is a substantial financial impediment that curbs access to judicial remedies, particularly for ordinary citizens, the DHCBA said.

Additionally, the bar body took exception to the provision that deems a challan accepted if it is not contested within a 45-day window.

It noted that this mechanism is unreasonable and will adversely impact individuals facing digital accessibility hurdles or difficulties understanding complex online procedures.

"The Executive Committee recognises the need for expeditious traffic enforcement, however, the same cannot come at the cost of fair adjudication and meaningful access to justice," the resolution emphasised.

The resolution was signed by DHCBA President N Hariharan and Secretary Vikram Singh Panwar.

[Read Resolution]