Supreme Court refuses to entertain plea challenging mandatory FASTag for motor vehicles, asks petitioner to approach High Court

The Supreme Court on Friday refused to entertain a plea challenging the decision of the Union Ministry of Road Transport and Highways to make the electronic toll collection system, FASTag mandatory for all vehicles. .A Bench of Chief Justice of India SA Bobde and Justices AS Bopanna and V Ramasubramanian asked the petitioner, retired civil Rajesh Kumar, to approach the Delhi High Court before moving the top court. .Advocate Dhruv Tamta, appearing for the petitioner, contended that the petition has country-wide ramifications. However, the Court insisted that it would like to have the benefit of the High Court's decision. ."Go to Delhi High Court. We will have opinion of High Court also. Dismissed as withdrawn. Liberty to approach High Court," the Bench ordered. .The petitioner had sought quashing of notifications issued by the Central government mandating fitment of FAStags as a condition for renewal of fitness certificate of vehicle and for getting third party insurance. .The petitioner also assailed the decision to impose fines for non-fitment of FASTags even when vehicles are not driven on highways. .It was his case that the decision to make FASTags mandatory for renewal of fitness certificate and for obtaining third party insurance has no nexus to the object sought to be achieved by introducing FASTags. ."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," the petition said. .FASTag being a mechanism for realising toll tax, will only operate at highways and have no use for cars being driven in municipal limits of a State, the plea added. Hence, the requirement to have FASTag should be insisted only in respect of vehicles that cross toll plazas on highways. .Further, it was contended that the power to levy tax cannot travel beyond the objective of tax and be made penal in nature. .Thus, the petitioner prayed for quashing of two notifications, one dated November 2, 2018, and the other dated November 6, 2020, mandating FASTags for renewal of fitness certificate and for getting third party insurance.