Srinagar Court orders traffic cop to pay ₹1,000 compensation for issuing e-challan against wrong vehicle

A Magistrate Court in Jammu and Kashmir recently ordered a traffic cop in Srinagar to pay ₹ 1,000 as compensation for issuing an e-challan citing a traffic rule violation against the wrong vehicle [Suhail Manzoor Bhat vs SSP Traffic Police City Srinagar]..The challan, which imposed a ₹1,000 fine, was issued after a scooty driver was found not wearing a helmet. However, the challan was wrongly issued against another scooty vehicle bearing a similar number plate. The scooty owner who was wrongly issued the challan, therefore, contested the traffic ticket. He prayed for the dismissal of said e-challan and submitted that he wasted time and money in contesting the said challan due to the negligence and mistakes of the traffic department officials..To decide on the matter, Judge Mudasar Farooq, of the Special Mobile Magistrate (Traffic) Court at Srinagar summoned the traffic cop who issued the challan and asked him for an explanation.The concerned challan officer, namely Shah Nawaz who was posted at Pantha Chowk admitted that a mistake was made and that he had inadvertently challaned the wrong scooty.The Court proceeded to record this in its order and then ordered the cancellation of the challan under challenge since it was not proved and patently defective..The Court also ordered the officials to issue an e-challan to the actual violator of the traffic rules."The instant e-challan (issued against the wrong vehicle) be accordingly taken down/cancelled from the Pariwahan Portal with the direction to the SSP Traffic City Srinagar to institute e-challan against the actual violator ... For mental agony, harassment and fees of the lawyer, damages/compensation to the amount of Rs 1000 be paid to the applicant and it shall be paid by the concerned SO namely Shah Nawaz, Inspector", the Court's order stated. .The Court further directed the Senior Superintendent of Police (SSP), Traffic at Srinagar to get an affidavit from the challaning officer in question assuring that he (challaning officer) would remain cautious and careful while issuing e-challans in the future..The matter led the Court to comment that the e-challan system was not being operated properly.The Court, thus, directed the Senior Superintendent of Police (SSP), Traffic at Srinagar to sensitize traffic officials dealing with the e-challan system so that innocent persons will not be forced to face such difficulties in the future."It appears that either the traffic cops manning the system or not fully trained to operate the e-challaning system or traffic cops are not taking due care and caution at the time of initiation of e-challan. SSP Traffic (City), Srinagar is hereby directed to sensitize the traffic officials dealing with e-challaning system so that the innocent persons will not be forced to face difficulties in future," the Court's February 5 order said..Advocate Tawseef Manzoor Bhat appeared for the applicant (vehicle owner who was wrongly issued the challan)..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.