The first bench comprising Chief Justice Indira Banerjee and Justice Abdul Quddhose on dismissing the PIL moved by activist Traffic Ramaswamy in this regard, said, “The imposition of fine including spot fines on driving in contravention of rules is permissible. There is no law which prohibits collection of spot fines. In anticipation of stray incidents of police excess or improprieties or even dishonesty, the court cannot entertain a PIL and stop collection of spot fines from errant drivers.”
Ramaswamy had moved the plea citing the March 7 incident, in which a pregnant woman, who was riding pillion on a motorcycle, fell and died. A police officer had chased and kicked the motorcycle as the rider, who was not wearing helmet, did not stop and attempted to escape when the police asked him to stop, in Tiruchy.
The bench, while dismissing the plea, also observed, “This court is surprised to note that the husband was irresponsible enough to carry his pregnant wife in a motorcycle without wearing helmet and attempted to escape when the police tried to stop him. Of course, it is not to be construed as the finding of the court.”
“The observation is based only on different news reports and on the face of the affidavit filed by the petitioner. It is not to influence the investigation against the incident in any manner,” the bench clarified, and added, “The incident indeed is an unfortunate one and required to be inquired into.”