MUMBAI: The HC on Tuesday lambasted the state government for its "repeated inaction" in not offering its comments on the law commission's recommendation for amending two sections of the Indian Penal Code in order to curb drunk and rash driving. The court said it will impose cost on the state.
The law commission in its 234th report suggested amendments to Section 304A (death due to negligence ) and Section 279 (rash driving or riding on a public way) to enhance punishment from the existing one, which is lenient.
A division bench of Justice Abhay Oka and Justice Girish Kulkarni heard a public interest litigation (PIL) filed after actor Salman Khan's car rammed into a laundry in Bandra (W) in the wee hours of September 28, 2002, killing one person and injuring four. On October 7, the court chided the state and Centre, saying the seriousness of carrying out the amendments "is handled very casually" by them.
Additional solicitor general Anil Singh and advocate Ashok Verma submitted a letter of the ministry of home affairs that stated effort is being made to introduce the amendment bill in the ensuing winter session of Parliament. State government's advocate expressed helplessness, saying he has not received instructions inspite of several requests.
"We recorded our displeasure about the manner in which the state government has acted in this case of sensitive nature," the judges said in their order. While dictating the order, they were informed that the state's affidavit is being finalized. But the judges went on to add that "even after repeated inaction" on the part of the state government, no steps have been taken by it to offer its comments on the law commission's recommendations.
They noted that while an endeavour is being made by the Centre, as far as the state government is concerned "this is a fit case where it can be directed to pay cost". The judges said on November 3, they will determine cost payable by the state.
The law commission in its 234th report suggested amendments to Section 304A (death due to negligence ) and Section 279 (rash driving or riding on a public way) to enhance punishment from the existing one, which is lenient.
A division bench of Justice Abhay Oka and Justice Girish Kulkarni heard a public interest litigation (PIL) filed after actor Salman Khan's car rammed into a laundry in Bandra (W) in the wee hours of September 28, 2002, killing one person and injuring four. On October 7, the court chided the state and Centre, saying the seriousness of carrying out the amendments "is handled very casually" by them.
Additional solicitor general Anil Singh and advocate Ashok Verma submitted a letter of the ministry of home affairs that stated effort is being made to introduce the amendment bill in the ensuing winter session of Parliament. State government's advocate expressed helplessness, saying he has not received instructions inspite of several requests.
"We recorded our displeasure about the manner in which the state government has acted in this case of sensitive nature," the judges said in their order. While dictating the order, they were informed that the state's affidavit is being finalized. But the judges went on to add that "even after repeated inaction" on the part of the state government, no steps have been taken by it to offer its comments on the law commission's recommendations.
They noted that while an endeavour is being made by the Centre, as far as the state government is concerned "this is a fit case where it can be directed to pay cost". The judges said on November 3, they will determine cost payable by the state.
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