A Division Bench of the Kerala High Court on May 9 directed the High Court Registrar General to register a suo motu public interest case in connection with the boat accident in Tanur in Malappuram district.
The Bench, comprising Justice Devan Ramachandran and Justice Shobha Annama Eppen, while issuing the order observed that it was penning the order with “shuddering heart”. The Court noted that precious lives have been lost in the boat tragedy which should never have happened and which could have been fully averted.
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The Bench further observed that unless the Court put its foot down, the conspicuous and patently visible causative factors — such as overloading, blatant violation of the statutory laws and criminal absence of safety requirements like life jackets — would be repeated with impunity without fear or care or caution.
“Every boat tragedy often triggered routine investigation, followed by recommendations; but never to be heeded thereafter. The obdurate refusal to follow and enforce basic safety protocol, which are taken for granted is the most infuriating, to say the least,” the Bench said.
“More so, since our State has hundreds of boats operating in the tourism sector and further such accidents, though unthinkable, are waiting to happen in somewhere in some place if the present state of affairs is allowed to continue.”
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The court added, “Prima facie, had the officers and authorities invested with vital legal and statutory duties to watch and monitor done so, the mishap like the several ones earlier would have never happened. Their responsibility and onus were no less than the operators since the latter’s illegal action obtained deliberate and other support that the violations are perpetrated without fear of law. The tragedy and loss of lives would be erased from memory soon. The judicial intervention had become necessitated, lest the loss of life is forgotten.”
The Court directed the High Court Registry to register a suo motu public interest case after obtaining the necessary permission from the Acting Chief Justice. The court arraigned Chief Secretary, Malapuram District Tourism Promotion Council, District Police Chief, Port Officer, Alappuzha, Senior Port Conservator, Baipur and Malappuram District Collector as respondents.
The Court also directed the district collector to file a report on the tragedy on or before May 12.
The Court saluted the local people of Tanur who had risked their lives by joining the rescue operations.
