The Bombay high court on Monday pulled up the state and sought details on what action it plans to take against the investigating officers if an accused is acquitted from the case due to negligence in investigation.
The division bench of Justice A.S. Oka and Justice G.S. Patel also told the government pleader to clarify the government’s guidelines on the use of breath analysers and collection of blood sample of offenders in drunk driving cases to ensure there are no loopholes and tampering with evidence.
The bench was hearing public interest litigation filed by senior journalist Nikhil Wagle seeking compensation from actor Salman Khan for victims of the 2002 hit-and-run mishap. Though the actor was acquitted from the accident case recently, however, he had already paid compensation to the victims. The judges, while hearing this PIL, also pointed out that Justice A.R. Joshi in a recent judgment (of Salman) has pointed out several weaknesses in the prosecution’s case. While hearing this petition, the court had widened the scope of PIL and included issues like increase in compensation for victims and enhancement of punishment for convicts in drunk driving cases. The court has also directed the government to inform it by December 23, whether the driving licences of offenders in drunk driving cases are suspended or revoked if they test positive for alcohol. It also demanded to know what action is taken against the officers who are found negligent in doing their duty in such cases.
The bench was of the view that there should be no delay in collecting blood samples and its delivery to chemical analysts. Also, tests also should be done in the manner prescribed under the law so that the report is not challenged.
Last week, the Union government had said it was considering a proposal to enhance punishment for drunk driving by amending IPC sections 304 A (causing death by negligence) and 279 (rash and negligent driving).
Earlier, the court was informed by the government pleader that a draft proposal seeking to raise the compensation for accident victims under the Motor Vehicles (MV) Act had been sent to the states, 22 of which had given their comments and the response from the remaining states is awaited. Once this process is completed, the government will take a final call on amending the Motor Vehicles Act.
