HC rejects PIL against spot fine for traffic violations

The Madras High Court today dismissed a PIL which challenged levying of spot fine for traffic violations by motorists, observing that there was no law that prohibited such a penalty.

The plea was filed by social activist 'Traffic' Ramaswamy seeking a direction to the traffic police not to allegedly harass the public under the guise of spot fine without giving them an opportunity to contest the violations before the court of law.

"The petition in our view is a gross abuse of the process of court. The imposition of fine, including spot fine, on driving in contravention of rules is permissible. There is no law which prohibits collection of spot fines," a bench comprising Chief Justice Indira Banerjee and Justice Abdul Qudddhose said.

In anticipation of stray incidents of police excesses or improprieties or even dishonesty, the court cannot entertain a PIL and stop collection of spot fines from errant drivers, the judges said.

The petitioner referred to a recent incident in which a pregnant woman died after the two-wheeler she was pillion riding with her husband was allegedly kicked by a traffic police personnel near Tiruchirappalli.

The man had allegedly not stopped the vehicle as directed by the police official for not wearing a helmet.

The petitioner contended that a motorist accused of committing a trivial offence must be given a chance and not penalised without any just reason or cause of action.

Rejecting the PIL as not maintainable, the bench said the court was surprised to note that the husband was irresponsible enough to drive his pregnant wife on a motorcycle without wearing a helmet and attempted to escape when the police tried to stop him.

However, it hastened to add that the observation was based on on different news reports and the petitioner's affidavit should not to be construed as the finding of the court.

The bench further made it clear that the observation was not to influence the investigation into the case in any manner and said the incident was unfortunate and required to be probed.