Delhi High Court
The New India Assurance Co. Ltd. vs Rakesh Ahuja & Ors. on 23 December, 2009
Author: J.R. Midha
37 & 38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP. 236/2009 & MAC.APP. 238/2009
Date of Decision: 23rd December, 2009
%
MAC.APP. 236/2009
THE NEW INDIA ASSURANCE CO. LTD. ..... Appellant
Through : Mr. D.D. Singh, Adv.
versus
RAKESH AHUJA & ORS. ..... Respondents
Through : Mr. Navneet Goyal and
Mr. Varun Kumar, Advs.
for R-3.
Mr. Arun Mohan, Sr. Adv. as
amicus curiae.
Mr. Vikas Pahwa, Additional
Standing Counsel for Delhi
Police.
MAC.APP. 238/2009
THE NEW INDIA ASSURANCE CO. LTD. ..... Appellant
Through : Mr. D.D. Singh, Adv.
versus
RAKESH AHUJA & ORS ..... Respondents
Through : Respondent No.1 in person.
Mr. Navneet Goyal and
Mr. Varun Kumar, Advs.
for R-3 to 6.
Mr. Arun Mohan, Sr. Adv. as
amicus curiae.
Mr. Vikas Pahwa, Additional
Standing Counsel for Delhi
Police.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may YES
be allowed to see the Judgment?
2. To be referred to the Reporter or not? YES
3. Whether the judgment should be YES
reported in the Digest?
MAC.APP.No.236/2009 & 238/2009 Page 1 of 6
JUDGMENT (Oral)
1. Vide order dated 3rd December, 2009, this Court
constituted a Committee comprising of Mr. Arun Mohan,
Senior Advocate, Ms. Rajdipa Behura, Advocate, Joint
Commissioner of Police (Northern-Range), Mr. Vikas Pahwa,
Additional Standing Counsel for Delhi Police and Mr. Atul
Nanda, Standing Counsel for Union of India to draw up a
mechanism for prosecution of the fake driving licence
holders/forgers and to make Delhi roads safe by ensuring
that the fake driving licence holders do not drive on Delhi
roads any more.
2. The aforesaid Committee held a meeting at Delhi Police
Headquarters on 14th December, 2009. The meeting was
attended by the DCPs of all the Districts and the
representatives of all the seventeen Insurance Companies.
The minutes of the meeting have been submitted by
Mr.Vikas Pahwa, Additional Standing Counsel for Delhi Police.
3. The report of the Committee contained in the said
minutes of the meeting has been examined and based on
that, the following directions are hereby passed:-
(i) All complaints relating to fake driving licence by
the Insurance Company and/or owner of a vehicle
be made in writing to DCP/Crime, Police
Headquarter, I.P. Estate, New Delhi. DCP/Crime
has nominated Mr. Mohan Singh Dabas, ACP/Anti-
Auto Theft Squad, Crime Branch, Phone No.011-
26925457 as nodal officer to monitor the fake
driving licence cases.
(ii) All the Insurance Companies shall make a
complaint whenever they get information of fake
driving licence. The Insurance Companies shall
also compile the data of fake driving licences in
respect of accidents which have occurred in the
last three years, i.e., after 1st January, 2007 in
Delhi and shall make a complaint to the DCP,
Crime Branch, Delhi Police in the format given in
para -11 (ii) of the order dated 3 rd December,
2009. The complaint shall be accompanied by the
copy of the fake driving licence. The complaint
shall be transmitted electronically to Delhi Police
at the E-mail ID [email protected] along with the
scanned copy of the licence said to be fake. The
complaint shall also be made in writing duly
signed by the authorized officer of the Insurance
Company.
(iii) The Delhi Police shall take the following action in
respect of the aforesaid complaints:-
(a) If the case is pending investigation, then to
ensure further investigation into the issue of
fake driving licence in the concerned Police
Station.
(b) In pending trial cases, to ensure filing of
supplementary charge-sheet on this aspect.
(c) The cases in which the trial has already been
completed, to ensure registration of fresh
FIR by the concerned police station.
(iv) ACP/Anti Auto theft shall maintain record of all
such complaints and action taken by police.
(v) Delhi Police shall create a database of information
regarding fake licences and licence holders
received from Insurance Companies or other
sources.
(vi) Whenever the police registers an FIR against a
person for driving with a fake licence, particulars
of that FIR be entered in the entry against the
information received.
(vii) The office of DCP/Crime shall prepare and
maintain a tabulator chart (database) of the
information received and look for any 'patterns'
within it. It shall take such action according to law
against those concerned as it considers proper.
(viii) The police shall place the information of those
cases where the Driving Licence produced was
found to be fake on a website so that the
Transport Authorities in other States can access it
and be armed with this information before issuing
a Driving Licence for such a person in that State.
4. The learned counsel for all the Insurance Companies
submit that the aforesaid directions shall be put to
immediate compliance in so far as the fresh cases of fake
driving licences are concerned. However, with respect to
compilation of the data in respect of the accidents which
have occurred in Delhi during the last three years, i.e. from
1st January, 2007 onwards, four weeks may be granted to the
Insurance Companies to compile the said data. The
submission of learned counsel for the Insurance Companies
is accepted and all the Insurance Companies are directed to
compile the data of the fake driving licences for the last
three years and to make complaints in terms of this order to
the DCP/Crime, Delhi Police within four weeks.
5. The learned amicus curiae submits that the Delhi Police
should also launch a drive to book the persons who fake
driving licences and whenever a complaint is received, the
Delhi Police should interrogate the driver holding fake driving
licence to ascertain the source from which he obtained the
fake driving licence.
6. The learned Additional Standing Counsel for Delhi
Police assures this Court that Delhi Police shall implement
this order in true letter and spirit and that immediate
instructions shall be issued to the concerned officers of Delhi
Police to book the persons involved in forging driving
licences. It is further submitted that in the last two weeks,
two racketeers have already been booked by the Delhi Police
after the order of this Court.
7. Let the action taken report be filed by Delhi Police on
the next date of hearing.
8. This Court appreciates the efforts made by Mr. Arun
Mohan, Senior Advocate who had given very valuable
suggestions which have been accepted by the Delhi Police.
This Court also appreciates the efforts of Mr. Vikas Pahwa,
learned Additional Standing Counsel for Delhi Police.
9. List for hearing on 22nd February, 2010.
10. The copy of this order be sent to all the Motor Accident
Claims Tribunals through the Registrar (Vigilance). The
Claims Tribunals shall call for the complaint made by the
Insurance Companies to the police wherever the defence of
fake driving licence is raised by the Insurance Companies.
11. Copy of this order be given dasti to learned amicus
curiae, Additional Standing Counsel for Delhi Police as well as
to all the Insurance Companies.
12. Copy of the order dated 18th November, 2009 as well as
copy of this order be also sent to Principal Secretary (Law),
Government of NCT of Delhi.
13. Copy of this order be also sent to Mr. S. Sundar,
Chairman of the Expert Committee appointed by the Ministry
of Road Transport and Highways.
J.R. MIDHA, J.
DECEMBER 23, 2009
mk
