Police Can’t Suspend Driving Licence: High Court

 Calcutta HC on Monday said police were acting beyond its jurisdiction to suspend a driving licence. Traffic police often suspend the driving licence under Section 19 of the Motor Vehicles Act, 1988. Justice Debangsu Basak observed, police, prima facie, acted without jurisdiction in suspending the driving licence.

However, Section 19 of the Motor Vehicles Act empowers the licensing authority to disqualify from holding a driving licence or revoking such licence. Thus, under the legal provision, only a licensing authority can suspend or revoke a driving license. So, police don't have any jurisdiction to suspend the licence, argued the writ petition file filed by Aloke Das.

Das’s licence was suspended by police after his vehicle allegedly breached the requisite speed limit — he drove his vehicle at 99 km/hour. Citing the Delhi HC order of 2016 (Ashish Gosain vs department of transport), Das argued that police acted beyond its jurisdiction.

Advocates Lalit Mohan Mahata & Jhuma Chakraborty, appearing for the state, submitted that petitioner was given a hearing by police & his licence was suspended in terms of the direction of the Top Court. In response, Nilanjan Bhattacharjee & Arpan Guha, advocates of the petitioner, said that the Supreme court clearly stated that police can at best recommend suspension of licence to the motor vehicles authority. It isn't for the police to suspend the licence.

Justice Basak stayed the suspension of driving licence of the petitioner by police & asked the affidavit-in opposition be filed within two weeks.

On Aug 18, 2015, the committee constituted by the Supreme Court of India to monitor & measure implementation of road safety laws in the country issued directions to the States/UTs to implement road safety laws.

Source Link