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The Protector,
Mumbai

Issue: Jan-Feb 2010
  COVER STORY
 
   
 
Speed Thrills,
But Kills


Mumbai woke up with a shock on 31 January 2010 to tragic news that had become too all familiar and sickeningly frequent. Yet another drunk driver, this time a rich young woman, crashed her car into a police barricade in the wee hours of the night, killing a sub-inspector on duty and a civilian biker undergoing, ironically, a breatheliser test for alcohol.
Nooria Haveliwala, a beautician and an American national, had recently returned from the US, was driving her Honda SUV at 120kmph after midnight in the early hours of 30 January when she slammed it into the police party checking drunken driving. Her blood tests showed she had consumed alcohol.
“People should realise the serious consequences of driving under the influence of alcohol. We will request the government to make laws for drunk driving more stringent,'' said Joint Commissioner of Police (Law and Order) Himanshu Roy.
In the worst-ever such car crashes, Alistair Pereira, 21, ran his father's Corolla over 15 persons sleeping on Carter Road, killing seven people on 12 November 2006. Pereira was found drunk.
The Bombay High Court sent him to jail for three years. Pereira's appeal is pending in the Supreme Court and he is out on bail.
On 27 July 2006, a drunk Oman-based psychologist Asma Mada, 33, was held for crushing two people on a Cadell Road pavement. She fled, but was tracked down to her house in Juhu. Mada's trial is pending.
On 20 January 2008 Sanket Sonawane, son of a civil engineer was booked for killing two people when he rammed his car into a group at the Bandra Kurla Complex. The trial is pending. Earlier in 2005, Sonawane was caught driving drunk and fined Rs 1,000.
According to newspaper reports, from 2007 to date, nearly 22,000 people have been imprisoned for drunk driving. But many have slipped through the net. A look at some of the tragic cases on Mumbai's roads.
On 11 June a dumper driver, who was allegedly under the influence of alcohol, mowed down two pavement dwellers, including a five-month-old baby girl, and injured five others. The incident took place at 1.35 am near the Gateway of India. 5 were injured STATUS: The dumper driver fled the spot, abandoning his vehicle, but was later arrested by the Colaba police on charges of rash and negligent driving. The trial is pending
The most vociferous public outcry against drunken driving was heard in a case involving actor Salman Khan, who drove his Land Cruiser over a pavement in Bandra, killing one person and injuring three others on 28 September 2002. He was arrested and let off and was rearrested after a public outcry and charged with culpable homicide punishable with up to 10 years in jail. Khan's trial is pending.
One of the earliest cases on record involved Puru Rajkumar, the actor son of Bollywood's legendary veteran Rajkumar, who rammed his car into pavement dwellers, killing three and injuring one in December 1993. Puru was ordered to pay Rs 30,000 each to the families of the deceased as compensation.
The Issue of drunken driving received national focus with the infamous hit-and-run case involving Delhi businessman Sanjeev Nanda. He was found guilty of crushing six persons, including three policemen with his luxury BMW car on 10 January 1999 in Lodhi Colony of south Delhi. He was allegedly drunk at the time.
The Delhi High Court, however, reduced his punishment from five to two years in jail after holding he could not have the knowledge that the tragedy could strike by his rash and negligent driving. Justice Kailash Gambhir said that though the incident was “gruesome,” it could not be held that it occurred within the knowledge of Nanda. The court modified the trial court order by holding him guilty under Section 304-A (causing death due to rash and negligent act) and acquitting him of Section 304 (Culpable homicide not amounting to murder).
Earlier, the trial court observed that Nanda deserved strict punishment because of "drunken driving". The court said if "drunken driving" results in the death of a person, it takes the crime out of the purview of section 304A (rash and negligent driving) and it could be covered under the definition of murder.

 
 
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