Kerala High Court orders cancellation of licenses for drunk drivers

The Kerala High Court has directed the Motor Vehicle Department (MVD) to exercise its power to cancel the driving licenses of those found driving under the influence of alcohol in the state. The Court noted that the department has shown hesitation in initiating proceedings to cancel licenses against drunk drivers, while incidents of drunk driving continue to claim lives in the state.

Justice Kausar Adappagatha stated that such hesitation by the authorities reduces the deterrent effect of legal provisions. The Court observed that despite having the power to disqualify or cancel driving licenses under Section 19 of the Motor Vehicles Act, and notwithstanding legislative provisions and judicial directives, this power has been exercised very sparingly. According to the Court, such apathy undermines the legal intent behind this provision.

The High Court further added that when drunk driving incidents are claiming precious lives and devastating families, it is inevitable that authorities use the powers granted under Section 19 of the Motor Vehicles Act in accordance with the gravity of the situation. The Court stated that the effective implementation of this provision would not only establish accountability but also serve as a powerful deterrent against irresponsible and hazardous behavior on public roads.

According to a report by Hindustan Times, the Court has directed the Transport Commissioner to ensure that immediate and effective measures are taken under Section 19 in appropriate cases of drunk driving. Specifically, where a road accident appears prima facie to have occurred due to the driver's intoxicated state, the licensing authority should investigate the matter without delay and initiate proceedings to cancel the license as per the law.

This judgment comes at a time when there has been an increase in cases of accidents caused by youth driving at high speeds and sometimes under the influence of alcohol in Kerala. These directions were given while granting bail to an individual who had driven a car under the influence of alcohol and hit a two-wheeler, causing serious injuries to the rider, who subsequently died.

The Court has ordered the investigating officer to immediately send the bail applicant's driving license and related records to the competent licensing authority so that proceedings under Section 19 can be initiated. The Court clarified that the licensing authority shall proceed with the matter in accordance with the law, following the principles of natural justice.