States’ stand on deploying cops at toll plazas under HC scanner
Saurabh Malik
Tribune News Service
Chandigarh, September 17
More than six months after the Punjab Police said trained cops would be deployed on either side of the toll plazas across the state, the Punjab and Haryana High Court has warned the authorities concerned of contempt and other proceedings in case they were found fibbing after a ground reality check. A similar warning was issued to Haryana.
Justice Rajan Gupta asserted that despite steps being taken by the authorities concerned, a question remained whether the sovereign function of controlling the traffic on the toll plaza could be delegated to a private party.
He added that amicus curiae Gautam Dutt, on the previous date of hearing, had sought time to verify the stand by the states of Punjab and Haryana on posting police personnel at the toll plazas.
Justice Gupta added that Assistant Solicitor General of India Chetan Mittal, too, submitted that he would also ask the National Highways Authority of India to verify whether police personnel have been actually posted at the toll plazas and apprise the court by the next date of hearing. “Needless to observe in case stand of the states is found to be incorrect or ambiguous, this court shall be constrained to initiate contempt and other proceedings,” Justice Gupta asserted.
In his order dated December 1, 2017, Justice Gupta had asked the state and other respondents to specify whether traffic regulation on the highways was a sovereign function and whether it could be delegated to a private individual.
The counsel for the petitioners, the state counsel and amicus curiae, subsequently, asserted the task could not be left to private individuals. The Punjab Additional Advocate General also submitted that one or two trained police personnel would remain posted on both sides of all toll plazas in the state.
This, he added, would be done to ensure smooth flow of traffic, obviate harassment to the general public and also to make certain that private personnel hired by the concessionaire do not carry batons and arms to manage the chaos.
The development took place on a petition filed by Parmod Chaudhary and another petitioner against Punjab and other respondents. The petitioners had brought under judicial scanner the alleged charging of double the prescribed toll tax at the Ferozepur-Fazilka road. The Bench was told Rs 92 was being charged, instead of Rs 46 for the entire highway.
