Vehicle Was Not Transferred In Name Of Purchaser Despite Representations: Delhi HC Restrains Coercive Action Against Lawyer For Illegal Use Of Sold Car
The Delhi High Court issued notice to the Centre, Delhi Police as well as the used-car dealer and asked them to file their replies.
Justice Madhu Jain, Delhi High Court
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.The High Court issued notice to the Centre, Delhi Police as well as the used-car dealer and asked them to file their replies.
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.
A Vacation Bench of Justice Madhu Jain issued notice to the Centre, Delhi Police as well as the used-car dealer 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.
Senior Advocate Abhijat represented the Petitioner while Advocate Arti Bansal represented the Respondent.
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 had 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 for the 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.
The matter has now been listed on August 10.
Cause Title: Shankar Kumar Jha v. Union of India & Ors. (Case No.: W.P.(C) 8278/2026)
Appearance
Petitioner: Senior Advocate Abhijat, Advocates Lekhraj Patidar, Adarsh Shesha, Garima Soni, Petitioner in person
Respondent: Advocates Arti Bansal, Standing Counsel Sanjay Kumar Pathak, Advocates K Kaomudi Kiran Pathak, Sunil Kumar Jha, Kushagra Dixit, Pramod Kumar, SI Abhishek Singh
With PTI Inputs