The Hindustan Times is only for
matrimonial advts, abd classifieds,
the editorial be damned. Editor Vir Sanghvi
is a figurehead dummy... to busy hosting his
boring little TV chat shows to devote any
time for this paper.
This newspaper really sucks...
nobody gets back to you, here I am
giving them a scoop on a platter, literally
spoon feeding them, and this HT paper
will be only too willing to be a handmaiden
of the powers that be to protect their
business interests...
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Letter to the editor
Hindustan Times (Delhi)
Date : 29-Dec-2002
Dear Sir,
As a reader of your newspaper for over 20 years now, I am apalled by the
slack journalistic standards being displayed on your front page. As someone
who has seen first hand the scientific precision of GhansyamDas Birlaji, and
K.K.Birlaji I am sure that they would not tolerate the shoddy reporting on
your front page which now appears to be a PR pedestal for the publicity
handouts of all and sundry.
The specific articles I am referring to are written by Neeta Sharma regarding
the Delhi Traffic Police’s plans to prosecute drunken drivers on New Years
Eve using imported breath analysers acquired at great cost and which are legally
not SUFFICIENT for prosecutions... These articles were published on 28 and 29
of Dec. 2002.
I had sent 2 emails to your paper on 28-12-2002, but no one has contacted me to
cross check any details. so I am appending the said e-mails so that you can see
despite your paper having an accurate rebuttal your editorial /reporters have
persisted in again publishing absolutely wrong information.
1) Under Section 185 of the Motor Vehicles ACT 1988, a person with alcohol in
his BLOOD exceeding 30 mg. per 100 ml of BLOOD detected in a test by a breath
analyser, is punishable with Rs. 2, 000 fine or 6 months imprisonment for the
first offence..[ this amendment was inserted in 1994 , so there is nothing NEW
in DCP Arun Kampani’s statement ... other than the imported breath analysers
recently acquired at considerable cost to the public ....]
Your Readers must be specifically informed that the POLICE still have to PROVE
that there was in excess of 30 mg./100ml alcohol in the blood using these
imported breath analysers.. THIS IS A SCIENTIFIC IMPOSSIBILITY... there is
no scientific means to MEASURE using a breath sample alone (despite what the
police claim) the quantity of alcohol in a person’s blood. To simplify with an
anology...would a Ms. Bhartiya accept that a Pollution Control Inspector had
taken an air sample at a polluting Organic Factory at Gajraula and calculated
thereby the quantity of alcohol legitimately running within the pipelines
of the said factory premises... its BULLSHIT and any scientist or engineer can
confirm the same.
2) The same amendment to the Motor Vehicles Act in 1994 clearly recognises that
breath analyser tests can only INDICATE (as distinguished from MEASURE) the
presence of alcohol in a person’s blood. You may refer to section 203 (Explanation)
of the Motor Vehicles ACT... the Explanation is an integral part of the ACT and
is given as a measure of abundant precaution by Parliament...
3) The procedure is very clear, once a Police Officer has detected using a breath
analyser (u/s 203 of the MV Act) that an offence punishable u/s 185 of the ACT
has been committed, he is to forthwith ARREST the suspect u/s 203 of the ACT and
conduct a laboratory blood test which is MANDATORY u/s 204(1)(a) of the MV ACT.
Since the offence is one in which the Police Officer can arrest without warrant,
the offence is classified as a cognisable offence, the standards of procedure
and burden of proof are well defined in the law... The offence is also
NOT COMPOUNDABLE u/s 200 of the MV ACT by the Police, so DONT PAY ANY MONEY TO
THE POLICE TO COMPOUND THIS OFFENCE.... This matter HAS TO COME UP before
a Magistrate.
4) It is only the laboratory blood test that is legally admissible evidence of
the MEASUREMENT of 30+mg/100ml alcohol in blood business. THe breath analysis
test is only admissible evidence that there is an INDICATION of alcohol level
being in excess.
5) If I recall correctly, the laboratory blood test has to be conducted within
2 hours of commission of the offence.
6) in view of the above PLEASE clarify from the DCP Traffic what are the new
provisions of the law he is relying on to support his patently false statement
as reported in your newspaper and I quote ’’ Earlier, the on-the spot ....with
drink(sic) driving’’.... the earlier ’’scientific’’ method was that an equally
drunk police officer at 2 a.m. in the morning would sniff your breath while
simultaneously fingering your wallet to gauge how much he could extort.
7) How can the results of the alcometers as claimed be ’’incontrovertible’’ if
your own controlled tests have shown so much deviations.
8) There are other issues here... can a registered medical practitioner,
governed by the ethics of the Delhi Medical Council, take a physical blood
sample in these days of HIV-AIDS without a patients consent...in a non life
threatening situation... NO ! NO ! NO !... Also, can a temporarily incapacitated
suspect (by reason of drunkeness) be compelled to stand trial or give consent to
give a blood sample while being legally incapacitated...NO..NO... these are
gross abuses of the Fundamental Rights of Delhi-ites by the Police.. and you
must point this out... or CONTINUE TO BE THE SARKARI LACKEYS you were during
the EMERGENCY... Strong language... but please don’t allow the respect people
have for your editorial standards to be misused by the Police...
9) If your newspaper is ACTUALLY INTERESTED IN PUBLISHING THE TRUTH... please
challenge the DCP Traffic to show you his authority u/s 123 of the Delhi Motor
Vehicle Rules, 1993. As per this section of the Rules only the COMMISSIONER of
Transport Delhi is responsible for implementation and prosecutions of offences
under the Motor Vehicles Act, and all other authorities including the Delhi
Traffic Police (so called) must be authorised by and under the control of the
Transport Commissioner Delhi.... Why don’t you check out with the Transport
Commissioner of Delhi ( at UnderHill Road ) what HIS / HER Opinion of the legal
validity of these alcometers is....and also whether HE/SHE has authorised the
Delhi Traffic Police under this section ????
10) As an aside on feedback.. I can inform you that when I sent a similar
e-mail to the editor of your chief english rival on a story about police
harassment of eve- teasers, Mrs. Sabina Saikia Sehgal personally contacted
me back within 15 minutes of my e-mail being sent, had a long telecon with me,
and the matter was suitably published.
11) It is as clear as daylight that your paper is being used by the Police to
generate a ’’scare fever’’, so that the Delhi Police constabulary can illegally
extort more money for their seniors...from the Delhi citizens on New Years Eve..
READERS MAY READ MY EARLIER E_MAIL LETTER TO THE HT
IN MY REVIEW ON THE DELHI TRAFFIC POLICE