Madras High Court dismisses PIL to stop spot fines on traffic offences

Chennai: The Madras high court has dismissed a Public Interest Litigation, which sought a direction to the traffic police not to harass the public under the guise of spot fine without giving an opportunity to contest the alleged violations before the court of law.

The First Bench comprising Chief Justice Indira Banerjee and Justice Abdul Quddhose dismissed the PIL filed by social activist Traffic Ramaswamy.

The March 7 incident in which a woman who was travelling on the pillion of a motor cycle fell down and died when the police chased and kicked the motorcycle was quoted in the PIL.

The rider, her husband, who was not wearing helmet, did not stop and attempted to ride on when the police asked him to stop, in Tiruchy.

Dismissing the PIL, the bench said this court is surprised to note that the husband was irresponsible enough to carry his pregnant wife in a motor cycle without wearing helmet and attempted to escape when the police tried to stop him. Of course, it is not to be construed as the finding of the court. The observation is based only on different news reports and on the face of the affidavit filed by the petitioner. It is not to influence the investigation against the incident in any manner, the bench made it clear. The bench said, “The petition in our view is gross abuse of process of court. The imposition of fine including spot fines on driving in contravention of rules is permissible. There is no law which prohibits collection of spot fines. In anticipation of stray incidents of police excess or improprieties or even dishonesty, the court cannot entertain a PIL and stop collection of spot fines from errant drivers. The incident indeed is an unfortunate one and required to be inquired into.”