'Drunk' driver manages Delhi's traffic under court order

By Rana Ajit Jun 10, 2007, 14:23 GMT

New Delhi, June 10(IANS) A resident of the national capital, convicted for drunken driving and sentenced to assist police in managing the city's traffic for 10 days, Sunday donned the mantle of a traffic cop even as legal experts questioned the legality of the court ruling.

Deepak Gupta, a resident of south Delhi, was convicted on June 4 by Metropolitan Magistrate Gautam Manan for driving in an inebriated state without licence in Mayapuri in west Delhi on Feb 16.

On Sunday, Gupta reached the Kalkaji roundabout at 10 a.m. and sought the day's assignment from the traffic cops present there.

A couple of hours later, after successfully flagging down quite a few red light offenders, Gupta told reporters that he felt sorry that he had violated traffic rules and realises how difficult it is to manage traffic.

He said: 'I appreciate the spirit of the court's ruling. It was an exemplary punishment. Others would learn from it and respect the traffic laws.'

But legal experts did not share Gupta's appreciation of the spirit behind his sentencing.

Constitutional expert and senior Supreme Court advocate P.P. Rao told IANS: 'The novel judgement on punishment has left me wondering if we are heading to a system of 'quasi justice'.'

'A court is not al all empowered to impose such discretionary sentences which have not been provided by the parliament or legislature in the relevant laws. This would lead to courts resorting to unguided discretion in imposing sentences and it would mitigate the rule of law,' said Rao.

Recalling a Supreme Court ruling in late 1970s, which had set aside a Rajasthan High Court judgement to hang a convicted killer in a public park, Rao said: 'The apex court had ruled that the punishment for a barbaric crime should not be equally barbaric.'

Delhi's former additional sessions judge Prem Kumar, who was the judge to former Prime Minister P.V. Narasimha Rao for his alleged role in a criminal offence, too termed the magistrate's ruling as 'illegal.'

'On the face of it, the sentence is illegal. No court is empowered to impose a punishment which is not prescribed by the legislature,' added Kumar.

Delhi Police too appeared baffled by the sentencing of the court.

'We are examining the judgement. We are likely to appeal against the ruling very soon,' said Delhi Police spokesperson Deependra Pathak.

© 2007 Indo-Asian News Service