Telangana HC seeks reply on legality of police collecting traffic challans on roadside

Hyderabad: In major relief for thousands of daily commuters and two-wheeler riders, a writ petition challenging the Telangana Police practice of stopping vehicles and forcing motorists to clear pending traffic challans on the spot was heard by the High Court on Thursday.

Justice Madhavi Devi issued notice to the Home Department and sought a detailed reply within four weeks.

The petition has been filed by V Raghavendra Chary, questioning the legality of several traffic enforcement methods being followed by the Traffic and Law & Order Police.

Petitioner’s vehicle booked through mobile phone photos

The petitioner informed the court that three traffic challans were imposed on his vehicle based only on photographs taken through mobile phones by Hyderabad Traffic Police personnel.

He challenged the validity of such evidence, stating that personal mobile phones, hand cams and non-certified devices cannot be used for legal enforcement.

Only government-approved and certified surveillance cameras are permitted for recording traffic violations, the petitioner argued.

Police cannot decide penalty, only courts can: plea

A major argument in the writ is that police personnel are illegally deciding the penalty amounts and collecting money from motorists without judicial oversight.

The petitioner contended that deciding punishment falls exclusively within the jurisdiction of the Judicial Magistrate and not with field-level personnel such as constables, home guards, sub-inspectors or circle inspectors.

GO 108 of 2011 termed illegal and unconstitutional

The writ petition also challenges Government Order (GO) No. 108 of 2011, issued by the Transport Department, which authorises police to stop vehicles and collect compound penalties from the public.

The petitioner claimed that the GO is illegal, unconstitutional and violative of fundamental rights, as it allows the police to exercise powers that lie with the judiciary.

Earlier challenge on excessive fines referred

It was further submitted that the petitioner had earlier approached the court challenging the imposition of excessive and arbitrary traffic challan amounts on citizens, alleging that penalties were being imposed without proper application of law.

Strong observations by petitioner’s counsel

Speaking to NewsMeter, advocate Vijay Gopal, appearing for the petitioner, made sharp submissions during the hearing.

“The Telangana Police have been violating laws and collecting money from citizens for decades, which civil society should not accept anymore. Who deserves what punishment must be decided by a Judge in a court of law, not by a constable, home guard, SI or CI,” he argued.

He further alleged, “Using mobile phones to click photos all day and selectively targeting middle-class two-wheeler riders has become the only visible form of law enforcement.”

Government side and court direction