Can't Have Traffic Offenders Risking Life Of Police Personnel And Citizens, Must Be Dealt With Iron Hand: Gujarat High Court Observes

While hearing a plea seeking contempt for non-compliance of the court's orders in a 2017 PIL concerning among others issues of traffic and illegal parking on public roads in Ahmedabad, the Gujarat High Court on Thursday (February 6) expressed concern at Traffic Brigade (TRB) personnel or traffic jawans risking their lives.

The court further orally said that offenders cannot risk the life of police personnel and the citizens and that the same has to be dealt with an iron hand. 

A division bench of Justice AS Supehia and Justice Gita Gopi was hearing the submissions made by the State's counsel in response to the court's earlier order where it had expressed its dissatisfaction with the State's failure in framing an "effective policy" to handle a grave situation to ensure that citizens of the city and the state feel safe. The court had also pulled up the Ahmedabad Municipal Corporation (AMC) observing that it only "acts when the court compels it too" and does not take any action on its own or implement the directions of the court. 

During the hearing on Thursday, Government Pleader pointed to affidavits filed by AMC and Joint Commissioner of Police Traffic Ahmedabad, and said that the authorities have been undertaking the necessary exercise in order to see that encroachments from the public roads are removed and traffic also is regulated. He also referred to averments and statistics in the affidavit as well as photographs. He has also assured that further proactive measures will also be undertaken to see that directions issued by this court is complied with. 

The Government Pleader while pointing to the measures taken by the police said that there are CCTV cameras in place, along with necessary personnel who are provided with body worn cameras to ensure traffic management. He said that these officers have a black apparatus which is a body worn audio video camera, a pilot project, which records traffic infractions in real time and it is also monitored in real time by the police control room. 

At this stage Justice Supehia while sharing his personal experience which occurred last week said, "There are two police constables/ or TRP jawans who are posted at the civil hospital... there is a big circle over there. They do their duty, I know they do it very diligently. At One of the instants it has happened despite him (TRP jawan) signalling the traffic, some of the violators don't stop and he is put in such a dangerous situation...the two wheelers four wheelers they are seeing they are being stooped but despite that they don't stop and speed away".

Justice Supehia orally said that the traffic cops wont be able to inform the police officers posted ahead, as he was neither having a walkie talkie or body worn camera. 

The GP at this stage emphasized that while steps are taken by various wings by corporation that it can be met if there is some civic sense in the citizens. He said that social media campaigns have been conducted. "My request to everyone would be the best way to see how people who are incorrigible are tackled with iron hand...If your lordships were to see the social media handle of the city police on Instagram, Facebook...people who have violated laws, harassing traffic cops, putting into danger lives of traffic jawan, subjecting them to disrepute....are apprehended and cases are registered and it is made clear to the world at large that this will not be tolerated. There is absolute commitment," the counsel said.  

He further said that Traffic Brigade (TRB) personnel/traffic jawans are just to aid/assist the existing police force and are generally not provided walkie talkie, but all clothed unclothed police personnel will be provided the communication equipment on SG Highway in 10-15 days. He also said that the City police has developed in house violation of camera app. Police personnel can forward traffic infractions to the control room for generation of traffic challan. Gradually technology is being used, he added. 

The court however said, "These jawans are on ground level doing very risky work. We find that only jawans are stationed there. Unless these perpetrators don't see uniform they take the jawan...having no respect for them. We feel pity on traffic jawans, because of the manner in which they are risking their lives". 

The court further said that construction spots traffic personnel are required for full 12 hours. As the government pleader said that the court will see a marked change, the court orally said, "It only needs enforcement. Now all of us are fed up. It has to be dealt with iron hand. Cant have these offenders risking life of police personnel and the citizens". The counsel said that he assures the court that the right sentiment has gone to the officials concerned.

Meanwhile the amicus curiae senior advocate Bhaskar Tanna submitted that with the help of everyone a plan can put before the court so that there is something binding, and it is to be reported to the court periodically. He said that the state authorities may take help of the experts and also the technology in order to resolve the graver issues faced by the citizens of Ahmedabad and also other metropolitan cities. It is also urged by him that the court should regularly monitor the actions of the respondent authorities so that direction issued by this Court are complied. 

Advocate Amit Panchal the counsel appearing for the petitioner said that at this stage it appeared that the respondent authorities have done a commendable job, after the order passed by this court on 29.01.2025. He however said that there has to be regular exercise in order to check the unauthorized encroachment as well as illegal parking on the roads and so that the roads of city of Ahmedabad are made safer for the commuters.

The court thereafter in its order dictated that, "We are of the opinion that the measures that are taken by the respondent authorities shall be continued on regular basis and should not be confined to the period/time or on occasions where the present application is listed or further orders are passed by this Court. We have already noted that in the present application, 62 orders are passed by various Coordinate Benches directing the implementation of directions issued by this Court. From the statistics which are produced on record in the aforementioned affidavits, it is manifest that the respondent authorities have been making their efforts to see that their issues are resolved and their directions are complied with. We have seen huge implement on the ground also after the order dated 29.01.2025 is passed by this Court. Since assurance has been given by the Ld. Government Pleader that they would continue efforts and exercise for compliance of the orders of this Court, the matter is ordered to be listed on February 27". 

Case Title: MUSTAK HUSSAIN MEHNDI HUSSAIN KADRI v/s JAGADIP NARAYAN SINGH, IAS & ANR. 

R/MCA/979/2019 IN R/WPPIL/170/2017