CHENNAI: AN order dated August 24 last of the Additional Director-General of Police, State Traffic Planning Cell, insisting on motorists to carry original driving licence while driving, has been upheld by the first bench of the Madras High Court.
“A policy decision taken by the respondents (government authorities) with a view to checking motor accidents by reason of rash and negligent driving by unauthorised persons ought not to be interfered with in a so-called public interest litigation,” the bench of Chief Justice Indira Banerjee and Justice M Sundar said recently.
The bench was dismissing a PIL from All India Confederation of Goods Vehicle Owners Association in Delhi, to quash the August 24 order.
The main thrust of the challenge was that the drivers of goods vehicles cannot be prosecuted for not carrying their driving licences. The same might, if required, be produced before the authority concerned, later. The Act and Rules do not contemplate prosecution of a person who carry duly attested true copies of the documents while driving, petitioner contended.
The bench said a reading of provisions of the Motor Vehicles Act and the Central Motor Vehicles Rules, makes it absolutely clear that no person can drive a motor vehicle unless a driving licence is issued to him. When demanded, the necessary documents relating to registration, insurance and other connected papers should be produced to the authority along with the driving licence.
The bench also said that a driver may not be in possession of a licence, inter alia, if he has made it over to the authorities concerned for renewal or otherwise or has applied for a duplicate on the loss of original, in which case, he may carry the official receipts and authenticated photocopies when he is driving. “We see no reason to interfere with the decision in interest of traffic safety to check the driving licences of drivers. The arguments advanced are thoroughly misconceived,” the bench said and dismissed the plea.
Nalini’s plea can’t be granted: TN govt
The plea of Nalini Sriharan, undergoing life imprisonment at the special prison for women at Vellore in the Rajiv Gandhi assassination case, to release her prematurely, cannot be entertained since a similar petition is pending before the Supreme Court, the State informed the Madras HC on Wednesday. She is a party respondent in a plea pending before the SC in connection with the remission of sentence of all seven convicts and it had been referred to a Constitution Bench of the SC, which is yet to be decided. In view of the same, the High Court cannot interfere in the issue,” Home department deputy secretary said in a counter-affidavit filed in response to the plea.