Madras high court says it can’t amend Act
Amending sections of the Act for imposing severe punishment was a legislative exercise
By : DC Correspondent
Update: 2014-11-13 05:03 GMT
Chennai: Stating that the amendment of the Motor Vehicle Act 1988 was a legislative exercise, the Madras high court has refused to pass any order amending the Act, enabling severe punishment to persons responsible for drunken driving.Disposing of a PIL filed by K.K. Ramesh, the first bench, comprising Chief Justice Sanjay Kishan Kaul and Justice M. Sathyanarayanan, said amending the sections of the Act for imposing more severe punishment was a legislative exercise, and hence, no direction could be issued by the court.
The bench observed that the representation made by the petitioner for amending sections 22 and 185 of Motor Vehicles Act 1988, could be treated as suggestions to with the menace of drunken driving, which resulted in deaths and injuries, with such incidents stated to be one of the highest in the state.The petitioner sought a direction to the Central and state governments to amend the Act by imposing a punishment, including cancelling the driving licence and confiscation of the vehicle driven by the person or a person under the influence of drugs. Ramesh sent a representation to the authorities on October 21, 2014. As there was no response, he filed the present PIL.
The bench said that some directions were issued by the HC in a suo motu writ proceedings taken against the state chief secretary through an interim order. Later, the bench directed the authorities, including the Union ministry of road transport, to treat the representation of the petitioner as suggestions.
As per section 185 of the Act, whoever, while driving, or attempting to drive, a motor vehicle, under the influence of alcohol / drugs shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine which may extend to Rs 2,000, or with both. And for a second or subsequent offence, if committed within three years of the commission of the previous similar offence, with imprisonment for a term which may extend to two years, or with a fine which may extend to '3,000, or with both.