Authorities need not wait for criminal conviction to suspend drunk drivers’ licences : HC

Kochi: The Kerala High Court has directed the Transport Commissioner to ensure prompt action is taken to suspend or revoke the driving licences of persons involved in drunken driving, clarifying that authorities need not wait for the conclusion of criminal proceedings to initiate such action.

Justice Kauser Edappagath observed that the Licensing Authority can independently exercise its powers under Section 19(1) of the Motor Vehicles Act to disqualify a person from holding or obtaining a driving licence or revoke an existing licence, based on the materials available before it.

Referring to previous judicial decisions, including Peethambaran TR v Additional Licensing Authority and Sijo Joseph v Transport Commissioner and Others, the court held that the pendency of criminal proceedings does not prevent the Licensing Authority from exercising its statutory powers.

"The Licensing Authority may independently arrive at the requisite satisfaction on the materials available before it and pass an order of disqualification or revocation in accordance with law," the court observed.

The court expressed concern that the power to disqualify drivers or revoke their licences under Section 19 of the Motor Vehicles Act was being exercised only sparingly, despite the increasing instances of drunken driving and the dangers they pose to road users.

It noted that the reluctance to invoke the provision undermines its legislative intent and weakens its deterrent effect. Effective enforcement, the court said, was essential to ensure accountability and prevent irresponsible behaviour on public roads.

The observations came while considering a regular bail application filed by a man accused of causing the death of a motorcyclist after allegedly driving his car rashly and negligently under the influence of alcohol.

The court granted him bail, noting that he had no criminal antecedents and that further custodial detention was not necessary. However, it directed the Investigating Officer to forward the accused's driving licence to the concerned Licensing Authority for appropriate action under Section 19(1) of the Act.

The court also referred to the Supreme Court's directions in S Rajaseekaran v Union of India (2014), which called upon States and Union Territories to suspend driving licences for at least three months in cases involving overspeeding, red-light violations, overloading, driving under the influence of alcohol or drugs, and the use of mobile phones while driving.

It further referred to the Kerala High Court's decision in Anoop v State of Kerala (2019), which held that police officers and Motor Vehicles Department officials could forward the licences of offending drivers to the Licensing Authority to initiate proceedings under Section 19(1).

In its latest order, the court directed the Transport Commissioner to ensure that the competent enforcement authorities of the Motor Vehicles Department take prompt and effective action under Section 19(1) of the Motor Vehicles Act read with Rule 21 of the Central Motor Vehicles Rules in appropriate drunken driving cases.

The court specifically emphasised that when a road accident is prima facie attributable to a driver's intoxication, the Licensing Authority must examine the matter without delay and consider initiating proceedings to disqualify the driver or revoke the licence in accordance with law.

The court accordingly disposed of the bail application.

(With Live Law inputs)