SC Disapproves Approach Of Delhi Traffic Police In UP Bus Case

SC Disapproves Approach Of Delhi Traffic Police In UP Bus Case 2/15/2009 The Supreme Court has disapproved the approach of Delhi Traffic police, who had directed Uttar Pradesh State Road Transport Corporation (UPSRTC) to produce a bus, the permit of which was suspended for a week for the offence of overtaking another four-wheeler in the capital in violation of the apex court directions. The court had issued directions on November 20, 1997 banning the transport vehicles from overtaking any other four-wheel motorised vehicle in Delhi to ensure public safety in the National Capital. Uttar Pradesh State Road Transport Corporation appealed against the order in the Delhi High Court which upheld the police order in view of the Supreme Court directions. A bench comprising Justices S B Sinha and Cyriac Joseph while setting aside the impugned order noted ‘respondent has exercised its jurisdiction on a wrong premise. In a case of this nature where exercise of jurisdiction on the part of the statutory authority is found to be wholly illegal, we are not in a position to agree with the submission that this court may not exercise its discretionary jurisdiction under article 136 of the Constitution. It is really a matter of some surprise to us that such a contention has been raised by a state against a state. Permit of the vehicle was suspended for a period of seven days. While exercising jurisdiction under section 207 of the act, the respondent could not have directed the production of the bus for a period during which the permit was directed to be suspended.’ UNI

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