Re: Driving drunk? Hyderabad cops will tell your employer Quote:
Originally Posted by binand The MV Act is not the only one that gives police officers their powers. There is the IPC, the Cr PC and each state has its own Police Act that appoints officers above a certain rank (DCP sounds right) as judicial officers (district magistrate equivalent) with responsibility for maintaining public order - they can issue orders and directions to the general public and specific individuals in this capacity. |
I do understand that sir . I did read the letter from the Dy.CP. Generally any formal notice/letter coming from the police department would also list the legal provisions (Act & Section) by which the letter was sent out. This is for even a simple matter as asking for appearance in a police station (Sec 160 Cr.PC). Yes in certain states police commissioners (and thus also Dy.CPs and ACPs) do get "executive magistrate" powers; but even executive magistrates do not have powers "try" any person for any offence. That powers are vested with "judicial magistrates" only.
I am willing to be corrected here. But for the accused drunken driver the law of the land has already dealt with him. The police arrested him for drunken driving, filed a charge sheet, produced him before the magistrate who also sentenced him for 4 days S.I. The story should end with that. Now it is upto the employer to figure out why the employee was absent for four days, seek an explanation from him and then decide what to do next. The "true law" (i.e Sec 185 MV Act) is actually beautiful for the simple fact that it is neutral and impartial. Where as the subsequent police action is not. It is unfair to people who are employed by some one else (and that too only in bigger companies). The police may have reasons to do that; and like people who justify thrashings in the lockup - no body will tell the truth, unless they get a few whackings - would be able to justify this action as well. Quote:
Originally Posted by hserus IPC 279. Rash driving or riding on a public way |
This section also does not talk about mandatory information to be passed onto the guilty person's employer. Court records are public records, but it is open for the person who looks for it. Cyberabad police on the other hand is sending out the information suo moto, without even checking if the company was interested in this in the first place. Quote:
Originally Posted by Jeroen I recall that in the USA if you are caught DUI, in case of pilots, your pilot license is revoked automatically and immediately as well. Not quite sure if and how you would get that re-instated. Valid for all pilot licenses. |
In India the aviation rules is that if a pilot is found under the influence of some drug/alcohol before or after flying the CPL gets suspended, and he is also "grounded" (cannot fly). The offence is treated strictly if the pilot is caught during a "post flight" check (which means he actually flew a plane "under influence"). But don't think DUI on road is linked up with the CPL in any way. Quote:
Originally Posted by sunishsamuel Some people even vomit in the police jeep/innova after getting arrested, now think about all these and i feel people should know that there is a law that prohibits people from driving under influence and they have to follow it. |
I am generally a pro-police person (often to a fault). But when the police cook up new schemes which does not have a legal backing, it would only hit back at them. This "love letter" stuff unfairly targets a group of people (IT/ITES employees) where as the DUI related laws in India are uniform and neutral to every group of offenders. Perhaps an RTI application to Cyberabad Traffic Police asking for the legal sections, standing orders, or DG Orders on sending this "love letter" should be the first step. Quote:
Originally Posted by anjan_c2007 I have filed an intervention petition in a traffic related PIL at the Nagpur Bench of the Bombay High Court, praying for directions to be issued to the Union govt and Maharashtra government to have a proper data base |
Your thoughts are being heard. "Sarathi" is your man here. GoI is going in full speed to make a centralised database of driving licenses. Every state would have to move into this computerised system. Numerous advantages are there. Having a centralised repository of licenses will avoid people having duplicate licenses (linking with Aadhaar helps here), and this can also be a way to track MV offences of a license holder. And there is also a mandate to make all driving licenses in India to have a uniform format (and quality). Example, Kerala Govt. issued "card" licenses are pathetic, they are just laminated sheet of paper. Karnataka Govt issued "cards" have always been credit card types which are durable. |