Kerala High Court has directed the transport commissioner to initiate prompt action through competent enforcement authorities
The court issued the direction while granting bail to Geevarghese K A of Thrissur, who allegedly drove an SUV under the influence of alcohol in a rash and negligent manner and collided with a motorcycle, killing its rider, on Oct 5. The court also referred to a directive of Supreme Court committee on road safety requiring states and Union territories to suspend driving licences for at least three months in such cases under Section 19 of the MV Act, read with Rule 21 of the Central Motor Vehicles Rules. Kochi: Kerala High Court has directed the transport commissioner to initiate prompt action through competent enforcement authorities of the motor vehicles department against drivers involved in accidents due to drunk driving, including proceedings to suspend or revoke their driving licences, even before the conclusion of criminal trials.
Describing accidents caused by drunk driving as a “serious and growing concern”, the court referred to previous HC decisions holding that the licensing authority need not await the conclusion of criminal proceedings to exercise its statutory powers under relevant sections of the Motor Vehicles Act. Justice Kauser Edappagath further held that whenever a road accident is prima facie attributable to a driver’s intoxication, the competent licensing authority must examine the matter without delay and consider disqualification or revocation of the driving licence in accordance with law.
In the present case, the court was informed that no proceedings had been initiated against the accused under Section 19 of the MV Act. The court accordingly directed the investigating officer to forward the accused’s driving licence and relevant records to the competent licensing authority, which was directed to initiate proceedings forthwith and decide the matter in accordance with law after complying with the principles of natural justice.