New Delhi, Jul 15 The Delhi High Court on Wednesday dismissed a public interest litigation (PIL) seeking enforcement of the criminal law provision on causing death by rash and negligent driving, saying it lacks merit.
A bench of Chief Justice D K Upadhyaya and Justice Tejas Karia observed that the power to enforce section 106(2) of the Bharatiya Nyaya Sanhita (BNS) by notifying the date on which the provision would come into force was with the central government, and not the court.
Section 106(2) states that "whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine."
"It is for the central government to issue the notification as and when it is deemed fit and proper. The prayer made by the petitioner for enforcement of section 106 (2) BNS in the absence of such a notification as envisaged (under BNS), in our opinion, can't be granted," the court said.
The PIL by lawyer Ritu Gauba, besides seeking enforcement of the provision, also sought directions to Delhi Police to "register an FIR against all MPs including Amit Shah and Rahul Gandhi for cheating and defrauding the voters by not notifying section 106(2) BNS, 2023, till date".
Rejecting the plea, the court observed that the petition lacked merit and its prayers could not be allowed.
"We have seen the prayers. Absolutely frivolous matter," the bench remarked.
"We are compelled to state that such prayers are not only incomprehensible but can't be granted in the court in exercise of its jurisdiction under Article 226. The writ petition lacks merit. It is dismissed," it ordered.
The petitioner argued that every day hundreds of persons were killed in road accidents in the country but section 106(2) BNS was yet to be notified by the Centre.
She claimed that "many times people are killed by their enemies", and that no political party would ever implement the provision.
