Peculiar situation in Jammu, other areas due to HC order on parking of vehicles

*Govt being cursed for failure to set-up parking slots

Mohinder Verma
JAMMU, May 4: A peculiar situation has emerged in Jammu and other areas due to the recent order of the Srinagar Wing of the High Court on seizure of wrongly parked vehicles. Interestingly, the violators have been told to get their impounded vehicles released from Srinagar only.
A Division Bench of Srinagar Wing of the High Court, in a Public Interest Litigation (PIL) titled Kashmir Consumer Welfare Forum and Another Versus Commissioner Transport and Others, had on April 19, 2017, passed numerous directions for smooth flow of traffic in twin capital cities of the State.
“The Inspector General of Police of both the wings (Executive Jammu/Kashmir and Traffic) and the SSPs of Traffic Jammu/Srinagar shall ensure that no vehicle is allowed to be parked at any place other than the parking slots and the vehicles found parked on the roadside shall be seized and released only on the orders of this court”, the DB had ordered.
Soon after these directions from the DB of Srinagar Wing of the High Court, the Traffic Police became pro-active and started making seizure of the vehicles found parked on the road-sides. Though the ‘violators’ of High Court directives in summer capital are not finding any difficulty in getting the vehicles released yet a peculiar situation has emerged for such ‘violators’ in winter capital as they are asked by the Traffic Police personnel in Jammu to approach the Division Bench of Srinagar Wing of the High Court for release of impounded vehicles.
The citizens whose vehicles have been seized for wrong parking offence in Jammu and other areas since the issuance of orders by the High Court could not get their vehicles released till date as the main wing of the High Court at Srinagar is still closed due to annual Darbar move and will reopen on May 8.
“We have been explicitly told by the Traffic Police personnel that only Srinagar Wing of the High Court can order release of vehicles”, said some citizens, who visited EXCELSIOR office, adding “the High Court should have kept in mind the hassle of travelling to Srinagar and approaching a lawyer before getting the vehicles released at the time of passing of the order”.
An officer of the Traffic Police, when approached, confirmed that none of the vehicle seized for wrong parking offence since the issuance of order by the High Court Srinagar Wing on April 19, 2017 has been released till date. “Nobody has come up with the appropriate orders”, the officer said on the condition of anonymity, adding “the legal position is that we have to release the impounded vehicles on the production of appropriate orders from Srinagar Wing of the High Court only”.
“No-doubt High Court wants to ensure free flow of the traffic in capital cities but it should have considered all the aspects before issuing such a harsh order”, some citizens said, adding “the High Court should have kept in mind whether the concerned agencies of the Government have established area wise number of parking slots to avoid road-side parking of vehicles”.
The arguments of the people seem to be reasonable as there are only few parking slots in winter capital of the State and people have no other option but to park vehicles on road-sides. It is a matter of serious concern that whenever the issue of traffic snarls is discussed at any official forum the need of having adequate number of parking slots is felt but then no action is taken on ground.
EXCELSIOR on numerous occasions has suggested the Government to make use of vacant land of Government departments particularly of Municipal Corporation and Jammu Development Authority for establishment of area-wise parking slots but all the concerned authorities are sleeping over this vital issue.
“Moreover, how the permissions are issued for setting up of commercial establishments without having provision for parking of vehicles is required to be debated upon and appropriate steps are taken to put to an end to this practice in both the capital cities”, official sources said.
According to the sources in the High Court, Chief Justice Badar Durrez Ahmed has also come to know about the difficulties being faced by the people of Jammu in getting the impounded vehicles released and some modifications in the earlier order are likely following re-opening of Srinagar Wing of the High Court on May 8, 2017.