Click to play videoMumbai: Alistair Periera was sentenced to six months of imprisonment and fined of Rs 5 lakhs in what was seemingly an open and shut case.
But many Mumbaikars feel the old laws are partly responsible for Alistair getting away with minimum penalty.
“The laws which were applicable for the speed of a horse are still applicable for someone who is driving under the influence of drugs or alcohol,” said Advocate Neetin Pradhan.
Perhaps it’s the age-old laws that ensured that Alistair Pereira got away with just six months of simple imprisonment and a fine of Rs 5 lakh – raising questions about the shoddy work done by Mumbai Police.
But experts say along with sharper investigations, it is the law that needs to be made up to date.
“Section 304A should be made non bailable and a higher punishment is needed may be upto 10 years or so,” said Pradhan.
"Time has come that changes need to be made in the legislature the punishment should be made a little rigorous so that a person thinks twice before drinking and driving," said Advocate Sachin Shetey.
But lawyers say that even with the present laws the case could have been argued much better by simply following basic legal procedures like:
- Recording the statements of Alistair's co-passengers
- Examining all officers present at the spot
- Submitting chemical analysis report in court
- Questioning the forensic expert
Mumbaikars share the feeling of the High Court and say that the case should be reopened.
Even if the police had simply followed the rule book, Alistair could be facing a stiffer sentence.
Now perhaps it’s the prod from the judiciary that will set into motion the wheels of justice once again.
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