New Delhi, Jun 23 The Delhi High Court has protected a lawyer from any coercive action in relation to the alleged illegal use of his car that he had sold to a used-car dealer in 2023.
Shankar Kumar Jha, a practising lawyer, said that even after he sold his car through a platform dealing in pre-owned cars, it was not transferred in the purchaser's name despite repeated reminders, and earlier this month, he received a notice from the police in relation to an FIR involving the use of the vehicle for committing offences under the excise law.
On June 19, a vacation bench of Justice Madhu Jain issued notice to the Centre, Delhi Police as well as the used-car dealer on Jha's petition and asked them to file their replies within four weeks.
"In the meanwhile, the respondents are restrained from taking any coercive action in relation to the use of the vehicle against the petitioner till the next date of hearing," the court ordered as it listed the case for hearing on August 10.
In the petition, Jha said the inaction of the authorities as well as the illegal and irresponsible conduct of the car dealer has exposed him to serious legal proceedings even though he had sold his car.
The petitioner, who was represented by senior advocate Abhijat, submitted in his plea that the platform assured him that it provided end-to-end post-sale services to sellers, including transfer of ownership in the registration certificate with the concerned RTO.
However, the undue delay in the transfer of ownership has resulted in identity theft, criminal breach of trust, unfair trade practices and violation of the petitioner's fundamental rights, the plea added.
"The petitioner is pained with the nature of the crime in which the vehicle was found to be involved i.e. offences of smuggling of liquor, etc. and that the offending vehicle remained in his name, which he had sold and handed over more than 2.5 years back after executing all necessary documents," the petition said.
"That the entire sequence of events narrated hereinabove reveals a deeper and more sinister pattern of identity theft, criminal breach of trust and deliberate indulgence of respondent No. 6 (dealer) in activities that compromise the social fabric and the rule of law. The Fundamental Rights of the petitioner, namely the right to life with dignity under Article 21 of the Constitution of India, the right to privacy, the right to individuality and the right to reputation, are being flagrantly put on stake," it added.
In the petition, the petitioner prayed for protection from coercive action under the FIR as well as transfer of ownership of the vehicle to the purchaser.
The plea also prayed for a direction to the Centre to frame a detailed policy regulating the business activities of pre-owned car dealers.
