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Duty of administration to ensure traffic rules are followed:Calcutta High Court

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The Calcutta High Court has held that it is a duty of the Administration to see that the drivers of the motor vehicle do not violate the traffic rules or the law applicable in this regard.

The Division Bench of Justice Harish Tandon and Justice Rai Chattopadhyay heard a Public Interest Litigation (PIL) filed raising an issue relating to rash driving causing body injury to many of the commuters and the residents of the locality.

A mass petition was addressed to the Lieutenant Governor on 19th August, 2023 but till date no steps have been taken in this regard. The details of the cases registered under section 279 of IPC with other charging section between the period from 2nd January, 2022 and 18th July, 2023 are also disclosed in the instant PIL which shows that there is rampant surge in violation of the traffic laws because of the rash and negligent driving, resultantly safety and security of the life has also been put in danger.

The respondents have taken a serious view in this regard and showed their sensitivity to the cause and submitted before the Court that they have taken all adequate measure which are require to curb the offence to be committed under the Motor Vehicles law and if further steps are required to be taken, the authorities are sensitivity about it and shall take all such adequate measures.

However, it is submitted that the steps, which are already been taken and proposed to be taken, can be brought on record, if the respondents are permitted to disclose the same by way of an affidavit.

“Be that as it may, it is a duty of the Administration to see that the drivers of the motor vehicle do not violate the traffic rules or the law applicable in this regard and ensure timely intervention, if necessary by taking into account the suggestions given in the mass petition dated 19th August, 2023.

The respondents shall file affidavit within two weeks from date.

Let this PIL be made returnable before the next available Circuit Bench”, the order reads.

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