Invoke licence revocation power for drunken driving: Kerala HC to MVD

Kochi, The Kerala High Court has noted a reluctance on the part of the motor vehicle department to initiate licence revocation of those found driving intoxicated and directed that the power be invoked in incidents of drunken driving which continue to claim lives in the state.

Justice Kauser Edappagath said that such reluctance on the part of the authorities also diminishes the deterrent effect of the legal provision.

"Despite statutory provisions and judicial directives, it appears that the power of disqualification or revocation of driving licences under section 19 of the Motor Vehicle Act is invoked only sparingly. Such reluctance undermines the legislative intent underlying the provision and diminishes its deterrent effect."

"At a time when incidents of drunken driving continue to claim precious lives and leave families devastated, it is imperative that the authorities exercise the powers conferred under section 19 of the MV Act with the seriousness that the situation demands," the court said.

It said that effective enforcement of the provision would not only serve the purpose of accountability, but would also act as a powerful deterrent against irresponsible and dangerous conduct on public roads.

The court directed the Transport Commissioner to ensure that prompt and effective action is taken under section 19 of the MV Act in appropriate cases involving drunken driving.

"In particular, where a road traffic accident is prima facie attributable to a driver's state of intoxication, the Licensing Authority shall examine the matter without delay and consider initiating proceedings for disqualification or revocation of the driving licence in accordance with law," the court said.

The ruling assumes importance amid a rise in incidents of youngsters driving at high speeds, sometimes under the influence of alcohol, and causing accidents in Keralam.

The court's directions came while granting bail to a man who drove his car under the influence of alcohol and rammed into a two-wheeler causing grievous injuries to the rider and his subsequent death.

It also directed the investigating officer to forthwith transmit the driving licence of the bail applicant along with the relevant records to the competent Licensing Authority for initiating proceedings under section 19 of the MV Act.

"The Licensing Authority shall thereupon proceed with the matter in accordance with law after complying with the principles of natural justice," the court said.

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