HC comes to lawyers' aid

New Delhi: Delhi high court has granted protection to a lawyer who received notice from the police after a car he sold through a used car dealer ended up being used in an illegal act.Shankar Kumar, a practising lawyer, submitted 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.Recently, Justice Madhu Jain issued notice to the Centre, Delhi Police, as well as the used-car dealer on Kumars’ 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 Aug 10.In the petition, the lawyer 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 submitted 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 RTO concerned.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, in offences of smuggling of liquor, and that the offending vehicle remained in his name, which he had sold and handed over more than two and a half 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.