The police have no authority to suspend a driving licence, the Calcutta High Court reiterated on Tuesday. The police was directed to return a driver’s licence to petitioner Priyasha Bhattacharyya by Justice Moushumi Bhattacharya. A similar order was passed by Justice Debangsu Basak in March 2020.
In the latest matter being heard by Calcutta HC, the petitioner was driving home from a mall in the city on May 19, 2022, when her vehicle was intercepted by the traffic police for overspeeding. She was driving at a speed of 62.1 km/hr while the speed limit permitted on the stretch was 30 km/hr. The police had seized her licence.
When she emailed the police a couple of days after asking them to return her driving licence, she was informed that it had been suspended for 90 days. The woman moved the HC, arguing that a driving licence can be seized by the police but must be handed over to the original issuer of the document, i.e., the motor vehicles department.
Her lawyers cited provisions under the Motor Vehicles Act and previous judgements. The authority to decide whether a driving licence is to be suspended or revoked lies with the motor vehicles authority and not the police, it was argued.
The argument was upheld by the HC which directed the police to return the petitioner’s licence within two weeks. The petitioner was, however, reminded that she needs to behave more responsibly while driving and ensure she does not endanger the well-being of others, whatever urgency there might be.
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(With inputs from IANS)
