licenceChennai, Nov 15 (PTI) The Madras High Court has declinedto entertain a petition challenging the state authorities'decision to levy penalty on persons driving vehicles withoutcarrying original licence.
It also observed that accidental omission to actuallycarry licence on any particular day may attract some penaltybut would not entail punishment of incarceration.
The First Bench comprising Chief Justice Indira Banerjeeand Justice M Sundar passed the order on a plea by All IndiaConfederation of Goods Vehicle Owners Association challengingthe memorandum of ADGP, State Traffic Planning Cell, datedAugust 24.
According to the memorandum, drivers of vehicles need tocarry driving licence with them while driving.
"The main thrust of the challenge to the said memorandumis that drivers of goods vehicles cannot be prosecuted for notcarrying their driving licences. In our view the impugnedmemorandum is in public interest," the judges said.
Interference with the impugned memorandum would beagainst public interest, they added.
"A policy decision taken by the authorities with a viewto check accidents by reason or rash and negligent driving byunauthorised persons ought not to be interfered with in a socalled Public Interest Litigation.
The Bench while referring to the provisions of MotorVehicles Act 1988 and in particular Section 3 thereof withRule 139 of Central Motor Vehicle Rules 1989, said that theabove makes it absolutely clear that no person can drive amotor vehicle unless a driving licence is issued to him and ofcourse driving licence of a kind which enables the driver todrive the particular kind of vehicle.
The Bench, referring to Rule 139 of Central Motor VehicleRules 1989, said the same provides that a driver or conductorof a motor vehicle shall produce certificates of registration,insurance, fitness and permit and it casts an obligation onthe driver of any motor vehicle to produce his licence ondemand.
Stating that the impugned memorandum merely warns driversdriving without licence would attract prosecution, the Benchsaid, "a driver in possession of the licence is obliged toproduce the licence on demand. There is nothing in theimpugned memorandum which is patently contrary to the MV Act1988 or the rules framed there under.
"Accidental omission to actually carry licence on anyparticular day may attract some penalty but would not entailpunishment of incarceration for a considerable length oftime," the judges observed.
To ensure that vehicles are driven by licensed drivers,it is absolutely imperative that licences are frequentlychecked.
Unless licences are checked at random and required to beproduced on demand, the rules with regard to driving ofvehicles in accordance with licence would be observed in theirviolation, the Bench said.
Photocopies are never authentic and may not necessarilybe an identical copy of original, they added.
"We see no reason to interfere with the decision in theinterest of security and traffic safety and the argumentssought to be advanced are in our considered view thoroughlymisconceived," the judges said.
Observing that the process of the High Court is oftenmisused in the guise of PILs, the bench said, "Gross abuse ofthe process of PIL is clogging the business of the courts andconsuming unnecessary judicial time which could have beenspent in deciding more important issues involving the rightsof citizens." PTI COR SSSRY.
This is unedited, unformatted feed from the Press Trust of India wire.