Mahima Srivastav
The three-judge bench of the apex court headed by Chief Justice of India SA Bobde accompanied with Justices V Ramasubramanian and AS Bopanna refused entertaining a plea filed by retired civil servant Rajesh Kumar.
The plea challenged the decision of Union Ministry of Road Transport and Highways to make the electronic toll collection system, FASTag, mandatory for all vehicles as a condition for renewal of fitness certificate of vehicle and for getting third party insurance,
The Supreme Court asked the petitioner to approach the Delhi High Court before moving the apex court. CJI Bobde, while refusing to entertain the plea, said “We want to have the advantage of the opinion of the High Court first.”
The petition contends “the respondents introduced FASTag with the object of ensuring that the payment of fees be 100 percent at toll plazas through electronic means only and that vehicles pass seamlessly through the fee plazas. This objective is clearly distinguishable from the object with which requirement of insurance and fitness certificate of a vehicle is required.”
It also contended that many people are leading retired life but have to maintain vehicles for limited purposes such as visiting the hospital or any other emergency purposes and FASTags being a mechanism for realising toll tax has no use for cars operating within municipal limits of a State.
Further, it was contended that the power to levy tax cannot travel beyond the objective of tax and be made penal in nature.
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