Kerala High Court Directs State To Take Custody Of All Vehicles Driven Dangerously During Onam Celebrations At Farook And Nehar College

The Division Bench of Justice Anil K. Narendran and Justice P. G. Ajithkumar orally directed to register crime against the drivers and owner of the vehicles. The Court also asked to get the details of other persons in the car.

“In respect of all those vehicles, crime has to be registered against the driver and also the owner of the vehicles. You should also get the details of the persons who are travelling in that fashion.”

The Court orally observed that if action is taken only against the driver, they will engage another driver next time and the persons involved will be left free.

The Court while dictating the order asked the State Police Chief and transport commissioner to ensure that such incidents do not happen in any other educational institutions during the Onam season. The Court further asked to take action against the driver and other persons involved in such activities.

“In case such instances are noticed, strict action shall be taken against the offenders and without confining the proceedings or prosecution against the driver of the vehicle. Prosecution shall also be initiated in accordance with law against others as well.”

In the incident reported in the media, the students of Farook College organized a procession on the road and the students sat on the window of the door of the moving car. The Motor Vehicle Department has said that they have initiated proceedings against this vehicle.

In Nehar College, it is reported that the students took the vehicles out of the college to the main road during the celebrations and the students can be seen sitting on the door and on the top of the vehicle while it was moving. Driving license of 3 students involved in the incident was suspended.

The Court also directed the Senior officers in the Motor Vehicles department to check whether any modification was done in the engine, suspension or silencer system and to check if any flashlight was fitted on them.

The Court ordered to initiate criminal proceedings against the owner and driver of the vehicle if any such modifications are seen to be made.

Case Title: Suo Motu v Union of India Represented by the Secretary (Road, Transport and Highways)

Case No: WP(C) 25158/ 2024