Explain delay in policy on disposal of unclaimed vehicles, HC tells CS

Saurabh Malik

Tribune News Service

Chandigarh, November 29

The Punjab and Haryana High Court has sought an explanation from the Chief Secretary on the delay to come out with a policy on the disposal of unclaimed vehicles lying at police stations, that too, “despite a long lapse of time”.

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Justice Arvind Singh Sangwan made it clear that the HC would initiate contempt proceedings for the violation of the SC directions if the explanation wasn’t submitted by December third week.

The direction came a year after Justice Arvind Singh Sangwan took the judicial note of a news report carried in these columns on unclaimed vehicles at the police stations across Punjab, Haryana and Chandigarh. Justice Sangwan also issued seven commandments on the issue, including the setting up of committees in each Sessions Division for the disposal of unclaimed vehicles lying for more than a year as on November 1.

Justice Sangwan ruled the committees would be headed by the Chief Judicial Magistrate in each district. The illaqa magistrate, having the jurisdiction over the police station concerned, will be one of the members. Another member will be from the Advocates’ Bar Association.

He asserted that the Supreme Court had ruled that serious view would be taken if the state governments, Union Territories and the DGPs failed to ensure the implementation of the directions. But it appeared that Punjab had not even framed a policy, despite a lapse of seven years. UT Chandigarh and the state of Haryana had formulated a policy, but it was not being implemented.

Laying down the procedure, Justice Sangwan asserted the SHO/Investigating Officer of the police station concerned would file an application and produce a list of case properties before the court concerned within 15 days from receiving the order’s copy. The court will pass appropriate order within a month thereafter.

The unclaimed vehicles will then be auctioned in the next three months, following the procedure in the CrPC and giving notice in a local newspaper. The amount received from the auction will be deposited in the government treasury under a head to be nominated by the District and Sessions Judge concerned.

Justice Sangwan added the Punjab and Haryana Chief Secretaries and UT Home Secretary would submit a quarterly compliance report before the Registrar General. The quarterly reports, thereafter, will be filed after every three months.

Also, the compliance report will contain the list of cases, in which applications could not be filed within the prescribed period along with the explanation thereof. The magistrates will also file a quarterly report through their District and Sessions Judge containing particulars of cases in which appropriate orders were passed within a month of the application. Reasons will be furnished, if any case could not be disposed of within 30 days.