Cops fail accident test

Times of India; CHANDIGARH: Apr 3, 2011,

Odour of smell emanating from the mouth of an accused in a road accident case seems to be UT police's only criterion for medical examination. A total of 419 cases pertaining to road accidents were reported in the last 12 months in the city. Medical examination of the accused was conducted in only 60 of the cases.

And when senior cops were asked why medical examination of every negligent driver was not conducted, some of the SHOs replied in written, 'On noticing of alcoholic smell, the medical examination of the erring driver is done and the examination is avoided if there is no odour of alcohol.' The startling facts were revealed in a reply to an application moved under RTI Act, containing figures for the period between February 1, 2010 and February 28, 2011.

This is despite strict instructions of Punjab and Haryana High Court in two serious cases including that of VN Singh, former principal of Government College of Arts Sector 10, and accused Sukhmani Brar, wherein the high court instructed police to ensure medical examination of every accused was conducted immediately after the road accident.

VN Singh died in a road accident on November 28, 2010 and UT police had been accused of not arresting negligent driver BS Sandhu. There was delay in holding his medical examination, which ultimately led to it being avoided. In the case involving Sukhmani Brar, that claimed lives of two boys in a road accident, similar allegations were levelled against UT police. In five police stations out of 11, medical examination of not a single accused was conducted throughout the year. A total of 235 cases of rash and negligent driving were registered at these police stations. The five police stations include those of sectors 31, 34, 36, 39 and Industrial Area.

Advocate HC Arora said, 'It is the subjective satisfaction of police officials based on foul smell, if any, emanating from the mouth of the driver of the offending vehicle which forms the basis of the decision to conduct his medical examination.' He said like any other subjective criterion, this discretion is also amenable to misuse by police officials, all of whom are not saints.