Supreme Court Rules Seizing Licenses for Traffic Violations Illegal

Kathmandu. The Supreme Court has ruled that seizing a driver's license, bluebook, and vehicle keys solely on the basis of traffic rule violations is illegal.

A joint bench of Justices Abdul Aziz Musalman and Shrikant Poudel has issued a directive order in the name of the government, stating that such actions by traffic police are an 'abuse of authority' and that documents should not be seized from now on.

The Supreme Court issued such a historic verdict while hearing a writ filed by law student Vivek Chaudhary, who is studying at Nepal Law Campus. Petitioner Chaudhary had approached the court with a writ stating that on August 4, 2081, in Babar Mahal, he violated a traffic light, the police fined him, seized his license, and returned it only after 24 hours.

Interpreting Section 164 of the Vehicle and Transport Management Act, 2049, the Supreme Court's verdict states that the section only gives traffic police the authority to fine the driver who violates the rules immediately or to issue a notice to appear within 24 hours if the fine cannot be paid. No provision of the Act gives the police the authority to confiscate the driver's license, bluebook, or keys.

The court has determined that using authority not granted by law to seize a citizen's private documents is contrary to the rule of law and the right to freedom of citizens.

The court, mentioning the 'Citizen App' operated by the government, stated that seizing physical documents is even more inappropriate in the digital age. It is mentioned in the verdict that since the license and bluebook are available digitally in the Citizen App and fines can be paid through e-challan, it is an excessive use of authority for the police to cause hardship to citizens by seizing physical copies.

The court stated that it did not have to issue an order of 'mandamus' (to quash the decision) as per the petitioner's request because the police had not made any formal decision regarding the seizure of licenses, but it appeared to be implemented only in practice. Therefore, the writ has been technically dismissed.

However, considering it essential to stop the arbitrary actions of the police, the bench has issued a directive order in the name of the Ministry of Home Affairs and the Police Headquarters not to seize anyone's license, bluebook, and keys in the future.

Order of the Verdict