This Article is From Feb 26, 2021

Go To High Court First: Top Court To Petitioner Against Mandatory FASTag

A three-judge bench of the top court, headed by Chief Justice of India (CJI) Sharad Arvind Bobde refused to entertain the petition filed by Rajesh Kumar, a retired Civil servant, and asked him "you first approach the Delhi High Court".

Go To High Court First: Top Court To Petitioner Against Mandatory FASTag

Supreme Court asked the petitioner to first approach the Delhi High Court.

New Delhi:

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

A three-judge bench of the top court, headed by Chief Justice of India (CJI) Sharad Arvind Bobde refused to entertain the petition filed by Rajesh Kumar, a retired Civil servant, and asked him "you first approach the Delhi High Court".

"We want to have the advantage of the opinion of the High Court first," the Chief Justice said, and refused to entertain the petition filed by Rajesh Kumar.

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

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

Mr 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 Chief Justice, 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 Chief Justice said, "That is alright. But you go to the Delhi High Court first."

"We will have the opinion of HC also. Dismissed as withdrawn. Liberty to approach the High Court," Mr Bobde said.

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