Petition against mandatory FASTags of Motor Vehicles: SC asks petitioner to go to Delhi HC

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On Friday, the Apex Court refused to entertain a petition & asked the petitioner, a retired civil servant, to first approach the High Court of Delhi in connection with his petition challenging the mandatory fitting of FASTags in motor vehicles required for renewing of fitness certificate & also for insurance by third party.

A 3-Judge Bench of the Supreme Court, headed by CJI S A Bobde refused to entertain the plea filed by Rajesh Kumar, a retired Civil servant, & asked him “you first approach the Delhi High Court”.

“We want to have the advantage of the opinion of the High Court first,” the CJI Bobde said, & refused to entertain the petition filed by Rajesh Kumar.

The retired civil servant, Rajesh Kumar, had filed the Public Interest Litigation before the Top Court, through his lawyer Dhruv Tamta, & seeking relief & appropriate directions & orders in the issue of making FASTag mandatory for all motor vehicles.

Kumar, in his petition, said there may be class of citizens who are having limited means of survivor.

Kumar also said many people are leading retired life but have to maintain vehicles in their home for limited purpose such as, some require cars for going to visit hospital in the city itself or emergencies.

The petitioner, a retired civil servant, Rajesh Kumar, had filed the petition in the Supreme Court and challenged the making of FASTags mandatory for all motor vehicles.

The CJI, Bobde, during the course of the hearing, observed, “Why Article 32?” To this, lawyer Tamta, replied, “It (FASTag) will have countrywide ramification, Mylords. Please consider it.”

The CJI said, “That is alright. But you go to the Delhi High Court first.”

Justice Bobde said that “We will have the opinion of HC also. Dismissed as withdrawn. Liberty to approach the High Court”. 

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