Police Do Not Have Right To Suspend Driving License: Calcutta HC

In a recent landmark decision, the Calcutta High Court ruled that a police officer cannot suspend a driver's licence under the Motor Vehicles Act of 1988. [Priyasha Bhattacharyya vs. West Bengal State]

Justice Moushumi Bhattacharya stated that only the licensing authority has the authority to issue and suspend driver's licenses.

"The provisions of the Motor Vehicles Act of 1988 indicate that only a licencing authority has the authority to disqualify or revoke a driver's license. The section 2(20) definition of licensing authority excludes any authority other than one with the authority to issue licenses. Section 206 refers to the licensing authority's power to disqualify or revoke under section 19 and limits the power of a police officer to impound a document; this is accomplished by limiting the police officer's power to seize the driver's license and forward it to the licensing authority for disqualification or revocation "the Court ruled in its July 19 order that

The State government relied on a notification it issued on November 23, 2016 that authorised the Deputy Commissioner of Police (Traffic) and Superintendent of Police of the Districts to act in accordance with Section 19 for disqualifying violating drivers or revoking their licenses if deemed necessary to ensure effective traffic control under Chapter VIII of the Act.

The bench noted that despite the fact that this notification refers to Section 19 of the Act, there is no evidence that the pertinent provisions of the West Bengal Motor Vehicles Rules, 1989 have been amended to reflect the police's authority."

In fact, the Notification states that the Rules will be amended as necessary in the future. Since the Motor Vehicles Act gives the licencing authority the authority to disqualify or revoke a driver's license and limits the police's ability to do so, this court holds that a subsequent Notification issued by the State Transport Department cannot supersede the provisions of the parent Act "The judge opined, adding that any notification made pursuant to a statutory provision must be in support of and consistent with the statutory scheme.

Justice Bhattacharya added that the notification in the present case creates confusion regarding the license impounding authority specified in the statute.

The court was in possession of a petition filed by the petitioner challenging the suspension of her license for speeding by the Assistant Commissioner of Police (ACP), Kolkata, on May 20, 2022. The police suspended her license because she was driving 60 kilometres per hour on a road that only allowed 30 kilometres per hour.

In light of the court's conclusion that police do not have the authority to suspend a person's license, the court voided the orders issued by the ACP of Kolkata, who suspended the petitioner's license.

The judge, however, rejected the petitioner's explanation that she exceeded the speed limit because she had to check on her sick nine-month-old daughter, who was home alone and unwell.

Finally, the judge stated, "The petitioner has admitted to exceeding the speed limit and has appeared before this court nearly two months after the date of the challenged order. Since the petitioner should have a sufficient eco-system in place and not pose a risk to other motorists, the petitioner's excuse for speeding has no merit."

D.D:19-07-2022

Priyasha Bhattacharyya Versus State of West Bengal