Gujarat High Court: State doesn’t have spine to implement traffic rules

Rash driving and accidents caused due to it are not new phenomena in India. One of the latest incidents comes from Gujarat, where a speeding luxury car crashed into people at around 140 kmph, resulting in the death of nine people and injuring 13 others. The division bench of Justice AS Supehia and Justice MR Mengdey criticized the authorities concerned, stating that the municipal corporation and the traffic police department in the state lack the courage to enforce the laws effectively.

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Addressing the government pleader Manisha Shah, who represented the Ahmedabad traffic police, Justice Supehia remarked orally, “Do you know the core issue? The real reason why these things are happening? Why do these fatal accidents keep occurring? Because these perpetrators have no fear of the law. They blatantly violate traffic laws with impunity – just look at the photographs. You don’t have the spine to implement traffic laws, nor the will to do so.”

The court also criticized the government for boasting about installing CCTV cameras, pointing out that the occurrence of accidents on the road indicates that the CCTVs are not working. Moreover, the court advised the authorities to refrain from comparing their system with those in cities like Mumbai and Delhi, where people actually fear traffic laws. The court stated, “Here, nobody cares; your constables are mere spectators at the crossroads or wherever they are. We have personally witnessed and experienced this. They do nothing, they just close their eyes. So why should we not frame charges?”

The court emphasized that people who violate traffic rules must fear the consequences of breaking the law. They should know that their actions will receive a response from the authorities. The court even highlighted instances where police constables attempting to enforce the rules were physically attacked by the public or the violators, proving that the public does not fear the law.

The government representative in the court claimed that the state is undertaking a special drive to identify traffic violators. They also tried to justify their efforts by mentioning the launch of an e-challan system, where people receive fines for violations via SMS. The court also cited examples of the spike system implemented in Noida, Pune, and Bangalore, which punctures the tires of vehicles driving on the wrong side of the road.

Justice Supehia remarked, “If some system is being followed, why don’t you learn from them? The time has come for you to deal with this strictly. These accidents will keep on happening like this unless there is a fear of the law. Any person violating the law must subconsciously be aware that if they do something, they will be caught and strictly punished. Do you wait for an accident to happen before taking action? Regular patrolling on roads is necessary. Some individuals are performing stunts on the road, and you do nothing about it.”

According to reports, on July 20, a group had gathered on the Isckon flyover in Ahmedabad to help occupants of another car involved in an accident. According to the video circulating online, the road was poorly lit, and the speeding Jaguar car crashed into the people gathered on the road. As per the reports, the accused was driving at around 140 kmph on the flyover.

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