Moot Court Memorial for Moot Court, Exercises of Law

Download Moot Court Memorial for Moot Court and more Exercises Law in PDF only on Docsity! BEFORE THE HONOURABLE SUPREME COURT OF MAHAMITRA, MAHAMITRA IN ITS CIVIL APPELLATE JURISDICTION WRIT PETITION (CIVIL) NO. _____/2019 CENTER OF CIVIL RIGHTS (CCR) Petitioner V. UNION OF MAHAMITRA Respondent MEMORIALS ON BEHALF OF THE PETITIONER 1 | P a g e IN THE MATTER OF THE MOTOR VEHICLES (AMENDEMENT) ACT, 2019 INSERTING SECTION 194A, 194B(1), 194B(2), 194C, 194D, 194F, 199(A)(1) & 199(A)(2) TO THE MOTOR VEHICLES ACT 1988 AND IN THE MATTER OF, ARTICLE 14, 21 OF THE CONSTITUTION OF MAHATMITRA BEFORE SUBMISSION TO THE HONOURABLE CHIEF JUSTICE AND HIS COMPANION JUSTICES OF THE HONOURABLE SUPREME COURT OF MAHAMITRA By Mayur Pachakale TABLE OF CONTENTS Sr. No Heading Page No. 1. Table of Contents 2 2. Index of Authorities 3 3. Statement of Jurisdiction 4 4. Statement of Facts 5 5. Statement of Issues 7 6. Summary of Pleadings 8 7. The Arguments Advanced 9 8. Prayer Clause 14 2 | P a g e STATEMENT OF FACTS The Union of Mahamitra has similar socio-economic-legal system like Union of India. The Petitioner “Centre of Civil Rights (CCR)” a registered Non-Government Organisation, founded for the express purpose of ventilating common problems of the people and securing their resolutions. Motor Vehicles Act 1988 was enacted to consolidate and amend the law relating to accidents arising out of Motor Vehicles. There have been quite a few amendments in the Act of 1988 in the year 1994, 2000 etc. to make its object and scope wider and to deal with all eventualities arising therefrom. In recent amendments in Motor Vehicle (Amendment) Act 2019 certain provision related to increasing of certain fines, vicarious liability for guardians, Road Safety Authority etc. In past few days and after the implementation of this Act in certain States, there have been cases which have demonstrated the abuse of provisions related to excessive fines have led to violation of fundamental rights of citizens and has had a chilling impact upon enjoyment of fundamental rights by the public. Some of the important events that have happened in this regard are as follows: - 1) On 4th Sep 2019 Mr. Dinesh Madan, a resident of Delhi was fined with a challan of Rs 23000/- by Gurugram Police for flouting several rules related to driving without license, without insurance, without helmet. He was asked to produce the documents within 10 minutes in spite of, he telling the police that he stayed Delhi and it would not be possible for him to produce documents within such short time. On which the Police tool the vehicle keys and impounded his vehicle (Honda Activa). >> The valuation of his 2nd hand vehicle was just Rs 15,000/- and fine collected was Rs 23,000/- 2) Earlier a truck driver with a vehicle bearing a Nagaland registration number was fined a whopping Rs 86,500 by the Regional Transport Officer in Sambalpur district of Odisha. According to Sambalpur’s regional transport officer Lalit Mohan Behera, truck driver Ashok Jadav was penalised a total of Rs 86,500 including Rs 500 for general offence, Rs 5,000 for allowing unauthorized persons to drive, Rs 5,000 for driving without a licence, Rs 56,000 for overloading with an excess of 18 tonne (total 42 tonnes, which was extra 18 tonnes from allowed wait), and Rs 20,000 for carrying over-dimension projections load. Though the total fine amount 5 | P a g e was Rs 86,500, the driver paid a penalty of Rs 70,000 after negotiating with authorities for more than five hours. He also produced some documents against the fine. >> Shows how imposition of such large fines can lead to extreme corruption and arbitrary application which favours corruption. The present petition seeks to challenge the constitutional validity of various provisions of the amended Motor Vehicle Act 2019 under Constitution of Mahamitra by way of Public Interest Litigation, including Section 194A, 194B(1), 194B(2), 194C, 194D, 194F, 199(A)(1) and 199(A) (2) as being violative of fundamental rights guaranteed under the Constitution of Mahamitra before the Supreme Court of Mahamitra. 6 | P a g e STATEMENT OF ISSUE ISSUE 1. Whether the Writ is maintainable and whether the petitioner has Locus Standi? ISSUE 2. Whether recent provisions of made in amended Motor Vehicle Acts 2019 with regards to almost 10- fold increase in fines / penalties under Section 194A, 194B(1), 194B(2), 194C, 194D, 194F for traffic violations and Vicarious Criminal Liability under Sec 199(A)(1), 199(A)(2) for guardians of children who violate traffic rules is justified and reasonable and do they violate Article 14, 21 of the Constitution of Mahamitra. 7 | P a g e ISSUE 2. Whether recent provisions of made in amended Motor Vehicle Acts 2019 with regards to almost 10- fold increase in fines / penalties under Section 194A, 194B(1), 194B(2), 194C, 194D, 194F for traffic violations and Vicarious Criminal Liability under Sec 199(A)(1), 199(A)(2) for guardians of children who violate traffic rules is justified and reasonable? IT is Humbly Submitted that: - No, Amendment made to Motor Vehicle Act are not justified. Section 194A, 194B(1), 194B(2), 194C, 194D, 194F Of Motor Vehicle Act 2019 violates Fundamental Rights under Article 14 by imposing arbitrary and hefty fines and penalties, whereas Section 199A violates Fundamental Rights under Article 21 (Right to Life and Personal Liberty) again by imposing hefty fines and vicarious liability for guardians which includes provision for imprisonment. As the amendment made by the legislature is arbitrary, unfair and unreasonable and violates Fundamental Rights of citizens Section 194, provides that, In sub-section 1 fine for - Excess load (beyond the side of the body or to the front or to the rear or in height beyond the permissible limit) In sub-section 1A - Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven when such motor vehicle is loaded in such a manner that the load or any part thereof or anything extends laterally beyond the side of the body or to the front or to the rear or in height beyond the permissible limit shall be punishable with a fine of twenty thousand rupees, together with the liability to pay charges for off-loading of such load. Section 194(A), provides that, Whoever drives a transport vehicle or causes or allows a transport vehicle to be driven while carrying more passengers than is authorized in the registration certificate of such transport vehicle or the permit conditions applicable to such transport vehicle shall be punishable with a fine of two hundred rupees per excess passenger. Section 194(B), provides that, (1) Whoever drives a motor vehicle without wearing a safety belt or carries passengers not wearing seat belts shall be punishable with a fine of one thousand rupees. 10 | P a g e (2) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven with a child who, not having attained the age of fourteen years, is not secured by a safety belt or a child restraint system shall be punishable with a fine of one thousand rupees. Section 194(C), provides that, Whoever drives a motor cycle or causes or allows a motor cycle to be driven in contravention of the provisions of section 128 or the rules or regulations made thereunder shall be punishable with a fine of one thousand rupees and he shall be disqualified for holding license for a period of three months. Section 194(D), provides that, Whoever drives a motor cycle or causes or allows a motor cycle to be driven in contravention of the provisions of section 129 or the rules or regulations made thereunder shall be punishable with a fine of one thousand rupees and he shall be disqualified for holding license for a period of three months. Section 194(F), provides that, (a) while driving a motor vehicle— (i) sounds the horn needlessly or continuously or more than necessary to ensure safety, or (ii) sounds the horn in an area with a traffic sign prohibiting the use of a horn, or (b) drives a motor vehicle which makes use of a cut-out by which exhaust gases are released other than through the silencer, shall be punishable with a fine of one thousand rupees and for a second or subsequent offence with a fine of two thousand rupees.” Main object to Amend the Act – The amendments are mainly focused on issues that relate to improving road safety and citizens’ ease and facilitation while dealing with the Transport Department. 1) With an aim to enhance road safety, the bill proposes to increase penalties, that it hopes will act as deterrent against traffic violations. Stricter provisions are being proposed with respect to offences like driving without licence, over-speeding, juvenile driving, drunken driving, dangerous driving, overloading etc. 2) There is also a proposal to mandate the automated fitness testing for the transport vehicles with effect from October 1, 2018. The government is of the opinion that this would reduce corruption in the transport department, while at the same time improving road worthiness of a vehicle. Penalties have also been proposed for deliberate violation of safety/environmental regulations. 11 | P a g e Section 199(A), provides that, (1) Where an offence under this Act has been committed by a juvenile, the guardian of such juvenile or the owner of the motor vehicle shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: Provided that nothing in this sub-section shall render such guardian or owner liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. Explanation. —For the purposes of this section, the Court shall presume that the use of the motor vehicle by the juvenile was with the consent of the guardian of such juvenile or the owner of the motor vehicle, as the case may be. Arguments against the amendments:  Imposition of penalties have not worked so far, and just by increasing fines further it will not help to bring any difference in existing scenario also we have major challenge with implementation of existing laws. We are short of manpower as per requirements. Vacancies not filled in spite dire and urgent need to fill.  Fines will be collected and will they be spent on improving the basic road infrastructure or is it just another source of REVENUE for the government?  May lead to increase in corruption and further harassment of public, we fear it will lead to Penalty Terrorism by Traffic Cops, much like tax terrorism  Currently only metro and Tier 1 and Tier 2 cities have provisions for Camera surveillance of traffic. Such provisions of hefty penalties should be only imposed once we have good road and transport infrastructure and effective vigilance and surveillance mechanism and technology to produce evidence (Cameras and video recordings) which cannot be challenged. In absence of such effective evidence system it will be My word against that of the police authority, whom to believe? This will further lead to increase in number of cases and litigations, courts will be flooded with MVA Act related cases  High penalties are form of Deterrent theory of Punishments has NOT really worked and all progressive states have been moving away from this theory, instead Reformative Theory or Carrot stick technique should be used. Instead of having high penalties there is a possibility of linking insurance premiums with traffic violations, or linking fines to income of vehicle owner or depending on the value of the vehicle. Another mechanism could be installing blackbox (free of cost by Govt) in vehicle which monitor the driving habits of drivers and 12 | P a g e