I am not able to understand why the Hon’ble Judge who found Alistair Pereira guilty of causing death by rash and negligent driving sentenced the boy to just six months imprisonment! The judge is probably a kindhearted gentleman of generous disposition but his intention has misfired. There has been a public outrage against the lenient sentence and I am happy that the high court has decided to intervene. The case has now been adjourned till June 6.

The first thing the high court should do is to ascertain why the judge has not imposed the maximum sentence of two years. If he has found Alistair guilty of the charge, he should have taken into account the fact that seven poor labourers were killed and many others injured. When asked his opinion as to why the judge had pronounced such a lenient sentence, a former judge of the Bombay high court opined that the reasons could be many and refrained from hazarding a guess. I, for one, find the sentence amazing and unacceptable.

A judge has to ensure that justice is done. If the prosecution has been lax and inefficient, as was obvious in this case, it was his duty to insist on the examination of the chemical analyser who was unfortunately turned away by the prosecutor for reasons best known to her. The analyser’s findings of alcohol in the blood of the accused would have clinched the case of drunken driving.

It is pertinent to note that one need not be drunk to cause death by rash and negligent driving and there is no difference made by the law to the punishment to be imposed in such cases. It all depends on the circumstances and in this case the circumstances were so obvious that the judge should have had no compunction in awarding the maximum penalty that the law provided.

... contd.