HC drives home point: replacement drivers ‘impractical’

“The suggestion of replacement drivers is not only impractical but will also give rise to various other issues. We cannot allow this,” said Justice Shah.

Notably,a single judge Bench had in May issued a slew of directives for the Delhi Government and the Delhi Police.

While the police were asked to post personnel outside pubs,bars and restaurants which serve liquor and slap penalties on those driving out drunk,the government was directed to examine if it could be made mandatory for the bars to keep ‘replacement drivers’,as is prevalent in some foreign countries.

The logic advanced by the counsel was that since the establishment profits from the customer,it was their responsibility to ensure safety of the patron and of innocent people on the road

Striking down this suggestion,the Bench further said that another recommendation asking for installation of an ignition interlock device,which would analyse a driver’s breath and disable the ignition if he is found drunk,also defied logic and substance.

Another suggestion held “illogical” by the court included “marking licence plates to indicate that a driver’s licence is suspended or revoked for alcohol offences can also act as a deterrent in the form of a social sanction against offenders.”

“These suggestions simply cannot work,” said the Bench and asked Delhi Police counsel Mukta Gupta about what was being done to check the drunken driving.

“We have been keeping a close vigil in the areas where bars and discotheques are located. It is noteworthy that 3,872 people have been booked for drunken driving till July 15 this year while 1,203 vehicles were impounded and 1,200 driving licenses were punched as punishment,” Gupta informed the court.

The bench,however,was unhappy over the mild punishments prescribed for drunken driving under the laws and said,“A monetary penalty will not do alone. It has to be backed up by something more stringent like suspending or cancelling a licence. It is disappointing that while other countries have severe punishments for drunken driving,we lack a stern legislation.”

The court then asked the Delhi government to consider suggestions like suspension and revocation of licenses,uniform checks and creating awareness,to curb the growing number of drunken driving accidents. The next date of hearing has been fixed for September 2.