20,000 people facing repercussions of ex-Mumbai CP's directive to lodge FIRs against wrong-side driving

Traffic police seen acting against a rider who was on the wrong side of the road, in Tardeo. Pic/Shadab Khan

In March, the then Mumbai police chief Sanjay Pandey ordered FIRs against motorists and riders taking the wrong side of the road, and four months on, over 20,000 are facing the repercussions of a thoughtless move. "Why harass the public unnecessarily, when you can instead just fine offenders. Have we committed a crime?" ask commuters who are now running from pillar to post because of a police case. They complained that the law, amended last year, was implemented without any awareness; moreover, without installing proper signage, which should have been the priority of the law enforcement agencies.

While the former police chief is out of office, the drive is still on, adding to the sufferings of people. Earlier, police used to let wrong-side drivers and riders go with just a fine, but nowadays, most of them have to spend hours at the police station and then at the court.

The order dated March 6 instructed booking the violators under Sections 279 (rash driving) and 336 (act endangering life or personal safety of others) of the IPC, and relevant Sections of the Motor Vehicles Act. Since its implementation, police have booked 20,856 people so far.

Riders and auto-rickshaw drivers ply on the wrong side, near Dahisar check naka. File pic/Satej Shinde

This order meant that people, who never stepped inside a police station in their life, learnt why it is so difficult and tedious to be on the wrong side of law. Their ordeal does not end with just an FIR, police make them produce a guarantor who should carry the necessary identifications, and only then are they allowed to leave, with an instruction to be present before the court whenever called.

Unnecessary hassle

Dhiraj Naik, a resident of Kandivli, spent hours when he was caught at Shimpoli junction in Borivli for taking a wrong lane recently. "Police threatened to confiscate my bike and took me to Borivli police station. I was allowed to go only when my mother arrived and became a guarantor for me. I asked the police whether I had committed any crime or stabbed anyone that they were doing all these procedures."

Rohan Kambli, 31, a fisherman from Worli was booked by Gamdevi police on the third day of the drive/ He was caught at Nana Chowk. "A days ago, I received a call asking me to appear before the court. As I didn't want any cases pending against me, I confessed to having driven on the wrong side in the court, However, I was told that I needed to pay a fine and contest the case as well. I have been called again on July 15," Kambli said.

Avinash Shinde, a real estate consultant from Prabhadevi, was caught when he was on his way to his gym a few days back. "When I was at Deepak Talkies junction, it started raining suddenly. So, I turned my bike to take shelter under a bridge where police clicked my photos. They refused to listen to me. I was taken to N M Joshi Marg police station and I left only three-and-a-half hours later," he added.

Akshay Jadhav, 26 an office assistant at a Parel-based company, was heading to an ATM on the morning of July 4. "While looking for an ATM, I accidentally entered a lane and I later understood that I was going the wrong way. Officers caught me and took me to Byculla police station. I requested them to let me go, as I was on office duty, and that I was ready to pay a fine, but they didn't budge," he added.

Jignesh Vishwakarma, 30 a resident of Vashi Naka in Chembur, was booked on Wednesday. "I accidentally entered a wrong-way lane in Kurla while going to the office. However, police did not listen to me at all and took me to the police station," said Vishwakarma, adding that he left the police station only after five hours.

Most aged 30-35 years

Most of the offenders booked so far are in the age group of 30-35 years, and they include many delivery executives and private cab drivers. Some of the victims mid-day spoke to, and who didn't want to be named, said they were booked despite paying a penalty on the spot. In some cases, people have been booked for offences committed in gullies and on empty roads. Commuters complained that there aren't enough signage warning of one-way routes, to help them understand that they were entering in the wrong lane.

Some even fear obstructions in getting a job or passport with the registration of an FIR. However, senior advocate Majeed Memon said the conviction for traffic offences is not a disqualification for anything.

"If a person accused of such an offence decides to plead guilty and pay the fine rather than contest, there is no disqualification for any purpose; neither for passport nor for job. When you contest a case, you have to go to court several times, so everybody prefers paying a fine and settling the matter," Memon added.

FIRs slow down

Since Vivek Phansalkar took over as the new Mumbai commissioner of police (CP) on June 30, the number of FIRs for the offence has dropped. Generally, the new CP reviews the situation after assuming office, but doesn't make changes immediately. However, some decisions or policies imposed by the predecessor become toothless over time.

Traffic actions from March 6 to July 6

Action Number of cases
Wrong-side driving/riding (IPC)20,856
One-way violation 74,275
Parking violation 3,98,104
No seatbelt in four-wheeler 73,554
No helmet on two-wheeler 4,04,091
Abandoned vehicles towed 14,489
Without permit auto/taxi action 1,101
Action against vehicles outside rly stns 1,88,054

20,856
No of people facing FIRs for wrong-side riding/driving