Surat : Activist Challenges Legality of E-Memos Issued by Surat Traffic Police

Surat: Sanjay Ezhawa, an aware citizen and activist, has engaged in a legal battle with the Surat Police Department, raising concerns over the legality of e-memos issued by the Surat traffic police in Surat and Gujarat. Ezhawa filed a case in the Surat district court, contesting the validity of an e-memo he received from the traffic police on January 16, 2023, imposing a fine of Rs 2,000 for allegedly exceeding the speed limit on a city road.

According to Ezhawa, the e-memos issued by the Surat traffic police are blatantly illegal and violate the Motor Vehicles (Seventeenth Amendment) Rules, 2021. Specifically, he argues that the CCTV cameras installed in the city are not certified, which goes against Section 167A(1) of the aforementioned amendment.

Under the Motor Vehicle Act, cameras of this nature are required to undergo yearly calibration by state government officials and receive certification for their accuracy. However, the Surat traffic police have failed to adhere to these rules, neglecting to calibrate the speed measurements provided by the CCTV cameras. This omission, according to Ezhawa, is a clear violation of the law, rendering the e-memo issued by the traffic police invalid.

Furthermore, Ezhawa highlights Section 167A of the Electronic Monitoring and Enforcement of Road Safety, which stipulates that electronic enforcement devices used for issuing challans (penalty notices) in the Surat urban area must be accompanied by prominently displayed “You are under surveillance of CCTV camera” signboards. However, Ezhawa claims that no such signboards have been installed near the CCTV cameras or speed guns in Surat city, indicating a violation of the law by the traffic police.

The legal dispute initiated by Ezhawa raises questions about the procedures followed by the Surat traffic police in enforcing traffic violations. The lack of certification for the CCTV cameras and the absence of required signboards cast doubt on the legitimacy of the e-memos issued to motorists.

As the case proceeds in the Surat district court, it brings attention to the need for proper adherence to motor vehicle rules and the use of accurate and certified monitoring equipment. The outcome of this legal battle may have implications not only for Sanjay Ezhawa but also for other motorists who have received e-memos based on the surveillance conducted by the traffic police in Surat.

The Surat Police Department will have an opportunity to present its case and respond to the allegations raised by Ezhawa. The court’s decision on the matter will serve as a precedent and potentially influence the future implementation of traffic monitoring and penalty enforcement practices in Surat and Gujarat.