Tanur Boat Tragedy: Kerala High Court Initiates Suo Moto Proceedings, Cracks Whip On State Authorities For Failed Supervision

The Kerala High Court on Tuesday initiated suo motu proceedings in light of the boat accident that claimed 22 lives, including 15 children in Tanur area of Malappuram district. 

As per media reports, the tourist boat which had allegedly been functioning without the mandatory fitness certificate, had possibly capsized due to overcrowding. It is alleged that the boat which only had around twenty seats, had accommodated persons over and above its capacity. 

The Division Bench comprising Justice Devan Ramachandran and Justice Shoba Annamma Eapen, while proposing to initiate suo motu action on the incident observed:

The final loss is for the citizens and no other, because instances like this are erased from memory soon. Therefore judicial interference becomes necessary, lest the unfortunate loss of lives is forgotten. 

The Court also suggested that the compensation proposed to be paid to the victims and their families in case of such accidents, must be recovered from the negligent officers responsible for such accidents. There are police officers, Port officers, local self government institutions officers, village officers, district collector and his team under the Disaster Management Act, the Court noted. 

It thus directed the Registry to register a suo motu writ petition in public interest, after obtaining necessary orders from the Acting Chief Justice, and posted the matter to 12th May for consideration. 

The State of Kerala, represented by the Chief Secretary; District Tourism Promotion Council, Malappuram, represented by its Secretary; District Police Chief, Malappuram, Tanur Municipality represented by its Secretary, Port Officer, Alappuzha, Senior Port Conservator, Beypore; and the District Collector, Malappuram have been arrayed as the initial respondents. 

The Court directed the District Collector to file his first report in the matter before the next date of hearing, in his capacity as Chairperson of District Disaster Management Authority.

Expressing shock and anguish at the incident Justice Ramachandran stated, "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?." Justice Ramachandran further remarked "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."

While proposing to initiate suo motu action, 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." 

The Court told the Counsel appearing for Tanur Municipality that there is a lot to be answered by the Municipality. "22 people died. Children died. And our hearts are bleeding. Nobody has a fear of law anymore." Justice Ramachandran said.

Justice Ramachandran observed that every tragedy triggers routine investigations followed by recommendations, but no action is taken thereafter. "Since our State has hundreds of boats in tourism further such incidents though unthinkable, are waiting to happen somewhere someplace if the present state of affairs is allowed to continue."

Saluting the people of Tanur who risked their lives in order to save others, the court said "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."

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