COURT ON ITS OWN MOTION Vs. GANDA SINGH

JUDGEMENT

(1.) IT is apt to sum up the content and conclusion of this case in the following words of Justice Krishna Iyer in Rattan Singh v. State of Punjab : A.I.R. 1980 S.C. 84.

(2.) THE facts that have been found established against him are that on February 27, 1980 at about 12 noon, while driving bus No. PUM 5305 belonging to the Ludhiana Municipal Corporation in a rash and negligent manner from Jagraon over -bridge (Ucha Pul) towards Clock Tower - -one of the busiest roads of Ludhiana Town, he not only hit the scooter of the deceased Sunil Kumar from behind but also dragged it for about 20 feet and crushed him under the wheels of the bus. Mulkh Raj, the pillion rider having fallen on the left side of the road just escaped death. The sole defence pleaded by him at the trial was of false implication. The appellate Court, after reappraising the evidence on record, has recorded the following conclusion:

(3.) IT is almost a matter of common knowledge that Indian transport is acquiring a menacing reputation which makes travel a tryst with death. It looks as if traffic regulations are virtually dead and police checking mostly absent. By these processes of lawlessness, public roads are now virtually lurking death traps. Rashness and negligence are of course relative concept, not absolute abstractions, but in the given facts and circumstances of this case as noticed above, the rashness on the part of the Respondent does call for a deterrent punishment. To my mind, it is a fit case in which the substantial power vested in this Court under Section 17(1) of the Act to disqualify an erring driver who earns his livelihood by driving motor vehicles and in the same process causes distress and misery to the dependants of the innocent victim, should be exercised. To me it appears just and proper that such a dangerous driver should be kept off the road at least for some time, I, therefore, declare that in addition to the sentence that has already been passed against the Respondent, he is disqualified to hold a licence to drive a heavy motor vehicle, such as, a truck or a bus, for a period of five years from today. A copy of this order be also sent to the licencing or Renewing Authority concerned.