A court here has taken the traffic cops to task for being oblivious to the decades old Motor Vehicles Act and asked the senior officials of the Delhi Police traffic department to give training to them.
The court gave the order while dealing with a case in which a police officer had challaned a person for carrying passengers in a private vehicle which was not meant for commercial purpose, but had not invoked appropriate sections of the law.
The court, however, was not in agreement with the response of prosecutor who said Section-192A of Motor Vehicles Act for using vehicles without permit was attracted only in cases of transport vehicles and not private vehicle.
Due to this, the zonal officer could not have invoked this provision in this case, he had said.
While taking cognisance of the offences mentioned in the challans along with section 192A of the Act, the court said “the situation gives a feeling that there is a necessity of training of police persons handling the traffic challans”.
“How the persons handling the subject can be oblivious of a proposition of law, that too pronounced by the Supreme Court, declaration whereof it has to be treated as law of the land for entire country which is available in public domain for last about 50 years,” Metropolitan Magistrate Rakesh Kumar Singh said.
The court asked the DCP (Traffic) Southern range to brief the challaning officers under his jurisdiction about the interpretation of law and ensure that cops properly follow law of the land.
“DCP (Traffic) Southern range shall firstly brief all the challaning officer of four circles about the interpretation of Section-192A given in the present order and the observations in the aforesaid judgment of Supreme Court and ensure that his challaning officers are dully following the law of the land.
“He shall also consider the feasibility of attachment training of challaning officers in a phased manner. DCP shall file a report within 15 days. He shall also send a copy of this order to the worthy Commissioner of Police, Delhi for his perusal and necessary action….,” the court said.
The court also suggested court room training where several challans are dealt with on daily basis and challaning officers could get an opportunity to observe and learn.
“A court room can be a place where mistakes are pointed out not only by the counsel of accused persons but also by the presiding officers of courts in the course of proceedings,” it said.
( Source – PTI )
