Driving licence: PIL dismissed

The Madras High Court has refused to entertain a PIL challenging the memorandum issued by the State Traffic Planning Cell that persons driving without licence will be prosecuted under Sections 130 and 171 of Motor Vehicle Act.

By :  migrator
Update: 2017-11-15 22:11 GMT
Madras High Court

Chennai

The First Bench comprising Chief Justice Indira Banerjee and Justice M Sundar, before whom the Public Interest Litigation (PIL) filed by All India Confederation of Goods Vehicle Owners Association came up, said, “The main thrust of the challenge to the said memorandum is that drivers of goods vehicles cannot be prosecuted for not carrying their driving licences. In our view the impugned memorandum is in public interest. Interference with the impugned memorandum would be against public interest.” 

The bench also noted, “A policy decision taken by the state government authorities with a view to checking motor accidents that are caused due to the rash and negligent driving by unauthorised persons ought not to be interfered with a so called Public Interest Litigation.” 

Observing that we see no reason to interfere with the decision in the interest of security of the commuters and traffic safety and the arguments sought to be advanced are in our considered view thoroughly misconceived, the bench also held, “Gross abuse of the process of PIL is clogging the business of the courts and consuming unnecessary judicial time which could have been spent in deciding more important issues involving the rights of citizens.”

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