On July 24, the Kerala High Court granted bail to two accused – Sebastian Joseph and VV Prasad – in the ‘Kerala Boat Tragedy’ case wherein 22 people drowned, including women and children, and several others sustained serious injuries. In May 2023, the court took suo motu cognisance of the incident which took place in Thanoor, Malappuram district.
The court’s single judge, Justice Ziyad Rahman AA, observed that materials on record indicate a possibility of lapses or willful omissions on the part of the accused. The prosecution has alleged that the boat was converted from a fishing boat to a passenger boat in contravention of the law, and the 11th accused (Sebastian Joseph) as the Chief Surveyor being a qualified person would have noticed the said aspect, however, did not mention anything in the certificate. The court noted that the “column provided for the year of the built is kept blank to avoid any reference with regard to the same.”
The prosecution has alleged that the two accused permitted the operation of the said boat by carrying people even before its registration was complete. The prosecution has further alleged that the boat was a fishing boat converted into a passenger boat and that the two accused helped the prime accused, the owner of the boat, to make necessary alterations in this regard.
“Thus, it is evident that, there are certain aspects indicating the lapses (willful or otherwise) on the part of the petitioners herein, which need to be investigated. However, it is a fact that, both the said petitioners were arrested on 11.6.2023, and since then, they have been under judicial detention,” the court observed.
The court noted that the question before it concerned whether the continued incarceration of the accused is required or not. The court noted that the investigation had made substantial progress and documents from concerned authorities have been seized, including from the offices of the accused. The court also noted that about 360 witnesses have been questioned.
The court further noted that the two accused were arrested on June 11, 2023, in connection to the Kerala Boat Tragedy and have been in judicial custody ever since. The prosecution alleged that if the two accused are released on bail, there are high chances of witness and evidence tampering, however, the court refused to accept this contention. “It is reported that, both the petitioners are already under suspension, and therefore, I do not find any possibility of them tampering with the evidence,” the court said.
“Anyhow, considering all the materials placed before this Court and also the fact that the petitioners have been in custody for more than 40 days, I do not find any necessity for further incarceration of the petitioners. In this regard, it is also to be noted that the detention of the accused during the investigation cannot be for punitive or preventive purposes,” the court said.
The court released the two accused on bail and imposed appropriate conductions to ensure their cooperation with the investigation and the trial. The accused must execute a bond of Rs 1 lakh with a solvent surety to be released on bail. The court further directed the accused to cooperate with the investigation and appear before the Investigation Officer between 10-11 am on every Saturday until the final report is filed. The court further directed the accused to appear before the court as and when the Investigating Officer requires.
The court has further barred the accused from contacting any witnesses, either directly or indirectly, or attempting to tamper with the evidence or influence witnesses. The court has further barred the accused to leave India without the trial court’s permission.
Kerala High Court Takes Suo Motu Cognisance
In May 2023, the Kerala High Court took suo motu cognisance into the ‘Kerala Boat Tragedy’ which took place in Tanur, 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 Tanur, Malappuram, a day ago – which, by initial accounts, was one that should have never happened and fully averted.”
The court’s Division Bench, comprising 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.”
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 Tanur Municipality, represented by its Secretary, Tanur, Malappuram; the Port Officer, Alappuzha; the Senior Port Conservator, Beypore and the District Collector, Malappuram, as the initial respondents.”
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