Court wants Centre and state to adopt a “zero tolerance policy” or ensure stricter enforcement of Motor Vehicle Act.
Mumbai : Voicing serious concern over rise in number of drunk driving cases in the country, the Bombay High Court on Thursday urged the Centre and the Maharashtra government to adopt a “zero tolerance policy”, and wondered if anybody who has had even little alcohol should be allowed to drive. “There is no reason why any person who has had any amount (of liquor) to drink should be permitted to drive at all,” said a bench of Justices Abhay Oka and Gautam Patel while hearing a petition seeking more compensation from actor Salman Khan for the victims in the 2002 hit-and-run case.
“Given the alternatives available and having regard to the inherent risk, especially to third parties, we would strenuously urge adoption by the Centre and the Maharashtra government a zero tolerance policy towards drunk driving,” the bench said. The judges were hearing a PIL filed by journalist Nikhil Wagle seeking stricter laws and more compensation from Khan. The actor was acquitted by the Bombay High Court in the case last month. Khan has already deposited Rs 19 lakhs as compensation, as directed by the high court nearly a decade ago, but Wagle’s petition is still being heard after the court expanded its scope to include the issue of enhancement of punishment in such cases.
“We see no reason why police should be burdened with having to prove whether or not a person has consumed alcohol (beyond permissible limit)….mere presence of alcohol in blood should be, in our view, sufficient to disentitle one from driving.”This would go a long way in ensuring safety on our roads apart from lessening the forensic burden on enforcement agencies,” said the judges. The court further observed that Section 185 of the Motor Vehicles Act, which deals with drunk driving, does not contain any provision whereby a state government can frame rules to provide for stricter action. The Centre may, therefore, consider allowing the states to either enforce the zero tolerance policy or amend the MV Act, the court said. It also asked the Maharashtra government to file an affidavit stating whether sufficient number of devices for conducting breath tests had been provided to the police, and whether they were in working condition. The judges also asked the state government to provide data of cases registered for drunk driving in the last three years, more particularly on December 31 and January 1, and the details of action taken.
In another direction, the judges said the Centre and the state should file affidavits on whether they intend to frame rules for conducting breath tests, collection of blood samples and analysis of these samples. The failure of the police to follow the procedure while conducting blood test was a major issue in Salman Khan’s case. The judges sought to know whether the state government intends to set up a forensic lab at every government hospital, as well as the primary health centres near the highways, for testing blood samples, and also whether it intends to set up mobile labs. The court further asked the Maharashtra government to issue directions to ensure that driving licence is suspended immediately in drunken driving cases. In the hearing after three weeks, the court said it may issue guidelines — after going through the affidavits — for the handling of drunken driving cases.
