The Kerala High Court has taken suo motu cognisance into the ‘Kerala Boat Tragedy’ which took place in Thanoor, Malappuram district, wherein 22 people drowned, including women and children. The Court said, “Twenty two precious lives have been lost in a boat tragedy at Thanoor, Malappuram, a day ago – which, by initial accounts, was one that should have never happened and fully averted.”
The Division Bench comprising of Justices Devan Ramachandran and Shoba Annamma Eapen presided over the case. The Court said that there are hundreds of boats operating in tourism and that if the present state of affairs is allowed to continue, then such incidents are further waiting to happen. “More so, since our State has hundreds of boats in tourism and a further such incident, though unthinkable, is waiting to happen some where, some place, if the present state of affairs are allowed to continue,” said the Court.
The Court noted a trend of boat accidents in the State, referring to “Redeemer” which capsized in January 1924, drowning 35 people to “Jalakanyaka” which went down in water in 2009 at Idukki, killing 45; and “other Poseidon tragedies with lesser fatalities happening thereafter in frightening regularity.”
The Court observed that the citizens seem justifiably indurated to the news of loss of lives caused solely by the “deathly cocktail of callousness, indifference, greed and official apathy.” Furthermore, the Court suggested that the proposed compensation for the victims and their families in such accidents must be recovered from the negligent officers responsible for such accidents.
Justice Ramachandran remarked, “we are seeing such incidents happening in years. Every time, large number of lives are lost. In this particular incident, why didn’t anyone know that there was overloading happening?” He further said, “We are seeing this from prism of 22 families who have lost their loved ones. 22 people have died. Police were not there. No supervision at all. You let the private operator do whatever they want.”
The Court further asked, “How many more will we have to see?” The Court continued to answer its question and said, “Many more, unless we now put our foot firmly down,” stating that the “conspicuous and patently visible causal factors – overloading, blatant violation of statutory imperatives and criminal absence of essential safety requirements, even life jackets – are repeated with impunity, without any fear, care or caution.”
The Court observed that each tragedy triggers routine investigations, followed by recommendations; but never to be heeded thereafter. The Court observed, “The obdurate refusal to follow and to enforce the most basic safety protocols – which are taken for granted in the civilised world – is the most infuriating, to say the least.”
The Court stated that prima facie if the authorities “invested with the vital legal and statutory duty to watch and monitor,” then the tragedy, like the several earlier ones, would never have happened. The Court added, “Their responsibility and onus is no lesser – if not much more – than that the operators, since it is because their illegal actions obtain deliberate or other support, that violations are perpetrated with no fear of law.”
The Court said, “The final loss is to the citizens and no other, because instances like this are erased from memory soon.” The Court further added, “Judicial intervention, therefore, in our firm view, now becomes necessitous, lest the unfortunate loss of lives are forgotten.”
Justice Ramachandran said, “The lifeless bodies of the children, it has become difficult for us to sleep now. We will not let this be forgotten,” while proposing to initiate Suo Motu action. He added, “22 people died. Children died. And our hearts are bleeding. Nobody has a fear of law anymore.”
The Court directed the Registry to register a Suo Motu writ petition in public interest to be titled ‘In re boat tragedy,’ arraying the “Government of Kerala, represented by its Chief Secretary; The District Tourism Promotion Council, Malappuram, represented by its Secretary; the District Police Chief, Malappuram; the Thanoor Municipality, represented by its Secretary, Thanoor, Malappuram; the Port Officer, Alappuzha; the Senior Port Conservator, Beypore and the District Collector, Malappuram, as the initial respondents.”
Furthermore, the Court directed the District Collector to file his first report in the case by May 12, when the case is next listed. The Court said, referring to the District Collector, “He will specifically remember that he is being called upon to do so in his capacity as the Chairperson of the District Disaster Management Authority also.”
“We saw the involvement of lot of people in the rescue, even before the authorities came in. We must really salute them. This is the true Malayali spirit,” the Court said. The Court concluded, “We close this order saluting the fine people of Thanoor, Parapanangadi and beyond, who risked their lives, in order to save others. List on 12.05.2023”
Meanwhile, the boat owner Nasser has been arrested and sent to 14 days judicial custody. An angry mob blocked the vehicle which carried him to the jail from court. Furthermore, the District Police chief told the media that Nasser has been charged u/s 302 IPC for murder.
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