SC CARVES 3 EXCEPTIONS IN UP MV LAW

SC CARVES 3 EXCEPTIONS IN UP MV LAW

Why in the News?

• Judicial Order: Supreme Court carved out three exceptions to Uttar Pradesh’s law closing pending Motor Vehicles (MV) offence trials.
• Case Backlog: The UP Act, 2023 aimed to reduce court pendency by abating trials filed before December 2021.
• Constitutional Scrutiny: The ruling came during a PIL on road accident reforms, questioning blanket closure of cases.

SUPREME COURT’S RULING AND EXCEPTIONS

• Non-compoundable Offences: Cases that cannot be settled by paying fines must continue, ensuring serious traffic violations are not diluted.
• Mandatory Imprisonment: Offences carrying compulsory jail terms cannot be closed automatically under the abatement law.
• Repeat Violations: Habitual or repeat offenders are excluded from trial closure to preserve deterrence in road safety enforcement.
• State Proposal: Uttar Pradesh itself suggested these exceptions, attempting to protect the law from being struck down entirely.
• Amendment Direction: The Court directed the State to amend Section 9(1) of the Act within a stipulated timeframe.

CONCERNS RAISED BY THE COURT

• Blanket Termination: The Court warned that automatic abatement of all old cases ignores the gravity of individual offences.
• Road Safety Risks: Serious MV violations, though termed traffic offences, can have grave public safety consequences.
• Drunken Driving: Section 185 of the MV Act, a non-compoundable offence, was cited as an example requiring strict prosecution.
• Deterrence Principle: Closing serious cases merely due to age of pendency undermines deterrence and rule of law.
• Ongoing Review: The Court kept open the question of whether the UP Act is ultra vires, allowing further arguments.