Rapping the Chandigarh Police for zero implementation of traffic rules at the ground level, the Punjab and Haryana High Court today directed the towing away of all vehicles parked on pedestrian paths and initiation of proceedings under the provisions of the Motor Vehicles Act and the Indian Penal Code against those riding bikes and other motorised vehicles on cycle tracks.
Taking up a road safety and parking matter, Justice Amol Rattan Singh directed UT Senior Superintendent of Police, Security and Traffic, Shashank Anand to ensure enough deployment of police and Home Guards volunteers to divert cyclists on to cycle paths and to deal with motorcyclists and drivers of other motorised vehicles under Section 184 of the Motor Vehicles Act or Sections 279 and 336 of the IPC.
The directions hold significance as initiation of proceedings under both provisions of laws can send the erring driver/rider behind bars. Section 184 on driving dangerously prescribes punishment with imprisonment for a term which may extend up to six months or with a fine for the first offence; and imprisonment for a term which may extend up to two years or with a fine for the second or subsequent offence if committed within three years of the previous similar offence.
Rash driving or riding on a public way under Section 279 of the IPC prescribes punishment with imprisonment for a term which may extend up o six months or with a fine or with both, while Section 336 dealing with an act endangering the life or personal safety of others provides for imprisonment for a term which may extend up to three months or with a fine or both. Justice Amol Rattan Singh asserted that the assurances before the court were in abundance, but the actual implementation was nil or it was “token implementation”. “The police are not towing away enough vehicles. Start towing away vehicles indiscriminately. Tow away the cars on the pedestrian paths so as to send across a message to the public that such parking is prohibited”.
At the very onset, Justice Amol Rattan Singh observed that the earlier system of deploying Home Guards at the entry points of cycle tracks was missing, and it was being used by motorcyclists. Quoting an example, Justice Amol Rattan Singh said he saw four or five vehicles on the cycle track during broad daylight on the road separating Sector 21 and 22. Calling for an immediate deployment of Home Guards volunteers, Justice Amol Rattan Singh also asked UT special public prosecutor RS Rai to specify their number with the traffic wing of the Chandigarh Police and their total number. “What are the others doing? Why not pull them out?” the Bench questioned.
Justice Amol Rattan Singh said people were parking their cars on pedestrian tracks and along the road in the absence of adequate parking space — a problem created by the fencing of “setbacks” or the areas around the houses. “Remove the fences where the setback is adequate. Or, just keep taking the vehicles away. Also, widen the narrow internal roads for single-lane parking.”
