HC directive to Mobile Magistrates

Excelsior Correspondent
SRINAGAR, July 21: The Division Bench of the State High Court today directed the Mobile Magistrates to release the seized vehicles for wrong parking strictly in accordance with law and after securing an undertaking from defaulter.
The Division Bench of Chief Justice Badar Durez Ahmad and Justice Ali Mohammad Magrey directed that the concerned Mobile Magistrates shall release the seized vehicles only after the application for release of vehicle by the defaulter and undertaking to the effect that no violation will be done in future.
The direction was passed in an application of Registrar Judicial for modification of order passed on May 9 by virtue of which the owners of the vehicles seized for roadside parking were directed to file an application along with undertaking before the Registrar Judicial for release of vehicles.
The modification of the earlier order from Registrar Judicial was done on the ground that the registry tasked with the assignment, remained engaged with the receipt and processing of the applications only and they find very little time to devote towards the other official duties.
Registrar has prayed that the vehicle owners may be direct to file the applications and the undertakings straightway before the concerned mobile magistrates (Traffic).
“We feel that the submission made in the application do require consideration. Accordingly, we modify the order, by providing that hence forth for securing the release of the seized vehicle the application and the undertaking shall be filed before the concerned Mobile Magistrate (Traffic) only, to the effect that no violation will be done in future”, CJ and Justice Magrey directed while disposing of the application of Registrar Judicial.
Court also directed mobile magistrate concerned to ensure that the applicant (violator) seeking release of his vehicle has not been involved in such violation during the preceding six months.
“In case the offender is found to have repeated the offence within a span of six months the Magistrate may increase the amount of the fine so that it serves as a deterrent”, read the order.


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