The Supreme Court on Wednesday said that a person who drives without a license has to pay the fine, and not a fee.
The order came in the case of a woman who was pulled over by the police for driving without a licence.
However, it said, if she gets a refund, she can file a petition in the Supreme Court seeking a refund.
On Tuesday, the Supreme court said the woman was driving without the license because she did not have a ticket and was trying to travel to her relatives.
“The court has decided that a ticket has to be issued in order to obtain a refund of the fee.
So, a refund is not required to be paid.
This has been clarified by the apex court in the matter of the driver who has not obtained a ticket,” it said.
This is the second time the apex bench had said it was not required for a driver to have a license.
In January, the apex Court said if a person is stopped for a violation of traffic rules, and the driver fails to register a ticket, it was sufficient for the court to issue a fine of Rs 1,000.
A bench of Justices A.K. Sikri and R.
K Mishra said a driver who did not register a violation had to pay a fine in accordance with the provisions of the Traffic Rules.
Sikhri was the only Justice of the Supreme Bench.
The court said in its order that if a driver did not pay the fee in accordance to the rules, the driver has to lodge a petition with the court and pay the penalty, and in case the driver does not pay, the penalty is to be assessed against the driver’s earnings.
The apex court has also directed that if the driver is not registered with the department of roads, he/she has to make a report to the Registrar General of Police in the state.