Delhi HC issues notice in challenge to Rs 10,000 challan for “I Love Kejriwal”, “Sirf Kejriwal” on an auto

The Delhi High Court today issued notice in a petition challenging a Rs. 10,000 “challan” issued by the Traffic Police for having painted “I Love (heart symbol) Kejriwal” and “Sirf Kejriwal” on the back of an auto rickshaw..Notice was issued to the Election Commission, the Delhi Police and Delhi Government by a single Judge Bench of Justice Navin Chawla in a petition by the aggrieved auto driver (Petitioner)..In its petition filed through Advocate Nitin K Gupta, the Petitioner has asserted that the challan was issued illegally and out of political malice. It is claimed that the challan restrained the Petitioner from exercising his right to free speech and expression guaranteed under the Constitution of India..Asserting that it was not an advertisement of any sort, the Petitioner has informed the Court that “I Love (heart symbol) Kejriwal”and “Sirf Kejriwal” was painted on the back of his auto sometime in September-October 2019 out of his free will and without any coercion, allurement, inducement, monetary incentive and force..Since then, the Petitioner has asserted, he had been plying his auto without any issue or warning from any authority..However, after the Model Code of Conduct was enforced on January 14, a challan of Rs 10,000 was issued against the Petitioner for an alleged violation of Section 6(1)/192A of The Motor Vehicles Act, 1988 on account of the “I Love (heart symbol) Kejriwal” and “Sirf Kejriwal” painted on his auto..Petitioner has argued that the challan was a misuse of power as neither the Motor Vehicles Act nor the Model Code of Conduct prohibited any such usage out of free will. Even otherwise, the word ‘Kejriwal’ was not limited to any one person, it is added..It is further asserted that the phrases did not contain any symbol of a political party and a mere expression of the Petitioner’s free speech on a property which was not a public property..The Petitioner has thus assailed the challan on the ground that it was a “deliberate attempt to give a political color” to the markings..The matter would be heard next on March 3.