Centre gets 4 weeks to reply to petition on harsher punishment for drunk driving

The Bombay High Court on Thursday granted the union government four weeks to respond to a petition seeking amendments in the law to enhance punishment for offenders in drunken driving cases and more compensation for the accident victims.

A division bench of Justices Abhay Oka and A S Gadkari was hearing a public interest litigation filed by journalist Nikhil Wagle, seeking compensation from Bollywood superstar Salman Khan for the victims of the 2002 hit-and-run case allegedly involving the actor. Khan's vehicle, allegedly driven by him, had rammed into a bakery at suburban Bandra, killing one person and injuring four.

The bench asked Anil Singh, additional solicitor general, to seek instructions from the union government. The bench had earlier asked the union government to consider amending section 279 (rash and negligent driving) of the Indian Penal Code and enhance the existing punishment (two years' jail term) for drunk driving. It was also suggested that IPC sections 304 A (culpable homicide not amounting to murder, which attracts up to 10 years' imprisonment) and 279 should be amended to include a specific offence of drunk driving.

An affidavit filed by Charushila Tambekar, joint secretary, home department of the state government, said that the state had proposed amendments in law and had sent the bill for President's assent to the Centre, but the same was not supported by the union ministry for road transport and highways.

On the last occasion, Jaiprakash Agarwal, joint secretary (home), union government, stated in his affidavit that the Law Commission had recommended the modification of sections 304 A and 279 to include drunk driving as a serious offence. The process had already begun and it will come up before the cabinet.