Case cannot be registered for speaking on mobile phone while driving: HC
Kochi: A Division Bench of the Kerala High Court has ruled that the police cannot register a case if a person speaks on the mobile phone while driving.
The court said that the police cannot register the case as there are no provisions in the law which bans the use of mobile phone while driving.
The police department have been registering case under section 118 (e) of the Kerala Police Act if a person speaks on the mobile phone while driving.
Section 118 (e) is charged for knowingly indulging in any act which causes danger to public or failure in public safety.
The Division Bench order is on a petition filed by Kakkanad native MJ Santosh questioning the police action of registering a case in this way.
The police case alleges that the person's action of using the mobile phone while driving causes danger to public.
The Division Bench pointed out that the police can take action only if the use of mobile phone while driving causes danger to the public. Moreover, there is no provision in the police act which bans talking on mobile phone while driving. Hence, it cannot be said that the person who speaks on mobile phone while driving causes danger to the public, the court said.
(The Assembly should pass an amendment to include provisions in the Act for this purpose).
If the police had registered such cases anywhere in Kerala, those concerned can approach the Magistrate Court at the place to quash the case.