SATV 17 April, Kathmandu: The Patan High Court has issued a strong condemnation of the arbitrary actions of traffic police, ruling that they have no legal authority to seize vehicle keys. This landmark verdict aims to protect the general public from unnecessary fear and pressure.
Justices Chandramani Gyawali and Kabi Prasad Neupane, while hearing a writ petition filed by Nepal Law Campus student Bibek Chaudhary against the Kathmandu Valley Traffic Police Office and the Nepal Police Headquarters, made this important ruling. The full text of the writ, filed on October 23, 2024, was recently released, raising serious concerns about police conduct.
The court clarified that the act of traffic police seizing a driver's vehicle key under the pretext of inspection is unlawful. The order stated, "A directive order has been issued to the defendants not to seize keys or carry out any such actions beyond the legal provisions." This directive reminds traffic police to operate strictly within the boundaries of the law.
In addition, the court strongly criticized police behavior. The order stated, "Those holding public office must adhere to legal procedures and norms while performing their duties. In the absence of any legal provision to seize vehicle keys, making statements that intimidate the public is inappropriate for police personnel." This comment highlights the urgent need for improvement in police conduct.
On September 19, 2024, a video captured a traffic police officer arguing with a driver near the Tukucha River area in front of the Nepal Academy building in Kathmandu, bringing public attention to the issue. The video showed the officer attempting to seize the driver's vehicle keys. Bibek Chaudhary cited this incident in his writ petition at the High Court, challenging the traffic police's conduct.
In his petition, Chaudhary argued that the traffic police acted illegally by seizing or attempting to control vehicle keys and requested a mandamus order to stop such actions. Although the court did not find clear evidence in the video showing that the officer actually seized the key, and thus did not issue a mandamus, it ruled the act as unlawful. The court issued a directive order instructing traffic police not to engage in such behavior in the future.
This verdict has come as a significant relief to drivers who have long felt intimidated by the actions of traffic police. It is expected to curb the trend of police putting unnecessary pressure on drivers under the pretext of inspections. The ruling also pushes the police to operate strictly within legal boundaries.
During the writ hearing, traffic police claimed they had the legal authority to seize vehicle keys. However, the court rejected that claim and clarified that no such provision exists in the law.
Legal experts view this verdict as a milestone in improving the working style of traffic police. They expect the order to significantly protect the personal freedom and rights of the general public. Furthermore, the ruling has put pressure on the police administration to reform their procedures and operate within legal boundaries.
The Patan High Court's verdict goes beyond the issue of seizing vehicle keys: it is also seen as a powerful step in defending the public's rights against arbitrary police actions.
