In the daily rush of engines and impatience, the law has drawn a clear stop line.
Court Draws the Line on On-the-Spot Coercion
The Telangana High Court has categorically ruled that police cannot stop vehicles or compel motorists to pay pending traffic challans on the spot. Justice NV Shravan Kumar, while hearing two writ petitions on Tuesday, made it clear that recovery of traffic fines must strictly follow due process of law. The court emphasised that police personnel have no authority to snatch or confiscate vehicle keys or restrain motorists to force immediate payment.
The petitions were filed by Secunderabad resident V. Raghavendra Chary, who challenged the manner in which Hyderabad Traffic Police were stopping vehicles on public roads and insisting that old challans be cleared before allowing motorists to proceed. The judge observed that while citizens are free to voluntarily pay traffic fines, coercive methods adopted by enforcement personnel are impermissible and violate the procedure established by law.
The court clarified that under the Motor Vehicles Act, compounding of offences is a choice that rests with the motorist. If a citizen refuses to pay, authorities must initiate statutory proceedings through court-issued notices and adjudication by a competent judicial forum. Any deviation from this process, the court held, is unlawful.
Due Process, Not Discretion, Must Decide Penalties
The petitioner also questioned the legality of a challan issued on March 17, 2025, for alleged “triple riding”, arguing that a fine of Rs1,200 was imposed without citing the specific legal provision violated. It was further contended that multiple challans were generated solely on the basis of photographs taken on personal mobile phones of traffic personnel.
Counsel for the petitioner submitted that such enforcement was contrary to Section 128 read with Section 177 of the Motor Vehicles Act, 1988, and Rule 167A(6) of the Central Motor Vehicle Rules, 1989. Only government-approved and certified surveillance devices, it was argued, could be used to book traffic offences, not personal phones or uncertified equipment.
Another significant issue raised was that police personnel were allegedly determining the quantum of fines and collecting money without judicial oversight. The petitioner invoked the doctrine of separation of powers, asserting that only a Judicial Magistrate has the authority to decide punishment. The writ petitions also challenged G.O. No.108 of 2011, claiming it was unconstitutional, inconsistent with central law, and violative of fundamental rights.
When the rule of law speaks clearly, even the loudest siren must fall silent.
Summary
The Telangana High Court has ruled that police cannot stop vehicles or force motorists to pay traffic challans on the spot. Emphasising due process, the court held that fines must be recovered only through lawful procedures and judicial oversight. It also questioned uncertified evidence collection and challenged a government order allowing on-road penalty collection.
