The Kerala High Court has directed transport authorities to promptly examine the licences of drivers allegedly involved in accidents caused by drunk driving, allowing suspension or revocation proceedings to begin before the related criminal trial concludes. The direction is intended to ensure that licensing action does not remain pending until the end of often lengthy criminal proceedings.
Justice Kauser Edappagath said that whenever a road accident is prima facie attributable to a driver’s intoxication, the competent licensing authority must examine the matter without delay. The authority may consider disqualification or revocation of the driving licence under the Motor Vehicles Act, subject to compliance with the principles of natural justice.
The court issued the direction while granting bail to Geevarghese K A of Thrissur. He allegedly drove an SUV under the influence of alcohol in a rash and negligent manner before colliding with a motorcycle and killing its rider on October 5. The case was considered in the context of the driver’s alleged conduct and the statutory powers available to licensing authorities.
The High Court described accidents caused by drunk driving as a “serious and growing concern”. It also referred to earlier decisions holding that a licensing authority does not have to wait for the conclusion of criminal proceedings before exercising its powers under the Motor Vehicles Act. The authority can independently assess the available material and decide whether a person should be disqualified from holding or obtaining a driving licence for a specified period, or whether the licence should be revoked.
The court stressed that such action must follow due process. The driver must receive an opportunity to respond before the licensing authority reaches a decision, ensuring that administrative action is not treated as an automatic consequence of an arrest or criminal allegation. The licensing process is separate from the criminal case and must be decided on the material available to the competent authority.
The judgment also referred to a directive of the Supreme Court Committee on Road Safety requiring states and Union territories to suspend driving licences for at least three months in such cases under Section 19 of the Motor Vehicles Act, read with Rule 21 of the Central Motor Vehicles Rules. These provisions provide the statutory framework for dealing with drivers whose conduct is considered dangerous or incompatible with holding a licence.
In the present case, the court was informed that no proceedings had been initiated against the accused under Section 19 of the Motor Vehicles Act. It therefore directed the investigating officer to forward the accused’s driving licence and relevant records to the competent licensing authority. The authority was directed to initiate proceedings forthwith and decide the matter in accordance with law after following the principles of natural justice.
