Roads In Kerala Will Become Killing Fields If 'Recklessness' of Drivers Is Allowed To Go On: High Court On Vadakkencherry Bus Tragedy

The Kerala High Court on Thursday, expressing distress over the Vadakkanchery bus accident, suo motu impleaded the Transport Commissioner, who is also the Road Safety Commissioner, as an additional respondent in a pending matter related to the poor condition of roads in the state.

Directing the officer to personally remain present before the court on Friday, the court said the pain of "the families, the parents, the children, the husbands and the wives" requires an urgent intervention and no more time can be lost.

Nine people including five students were killed and more than 50 others were injured when a tourist bus carrying school children rammed into a KSRTC bus at Vadakkencherry in Palakkad District.

Justice Devan Ramachandran observed that the recurrence of accidents is due to the lack of strict enforcement of the law. At the outset in its order, the court said while it has been struggling to obtain semblance of road safety in the state, the "horrific news of an accident awoke us in the morning".

The court noted that the "recklessness" that one commonly sees on the roads is either taken for granted or condoned under the impression that it is a way of life.

"Drivers use vehicles and occupy road spaces, as if they have the carte blanche to do as they please; and the learned counsel appearing for the parties to this case, as also others at the Bar, agree that this is because there is a complete lack of respect and fear for law," Justice Ramachandran said.

The Court remarked that the accident should not have happened. If the "deleterious element of recklessness" had been addressed earlier, the court said, the accident perhaps could have been averted. 

It further observed that there is a potential for several such accidents happening with the kind of recklessness that is exhibited continually by the drivers, including people riding two-wheelers. Most of the time, none of the applicable laws is complied with, it added

"The roads in Kerala will become killing fields if this is allowed to go unseen," remarked Justice Ramachandran.

The court also emphasised that there is no deficit in the number of laws involved, nor are there any shortage of personnel entrusted with the task of its enforcement.

It also noted that even though various benches of the High Court have previously passed several judgements on the various facets of road safety and vehicle requirements, no tangible results seem to appear on the ground.

"Had it been, certainly, this Court would not have been required to write this order. The use of roads and the drivers of vehicles, now require to be told with vehemence how they are expected to conduct themselves and to act," the bench said.

It added that enforcement agencies and officers need to be empowered and also continually scrutinised and made accountable.

While Suo motu impleading Transport Commissioner, who is also holding the office of Road Safety Commissioner, as Additional Respondent in the case and directing him to remain present before it on Friday, the court said:

"I am certain that, this is the first step forward, if we have to obtain any meaningful response and answers to the questions which plague us, including the horrendous loss of life".

The matter has been listed for 07.10.2022 at 1:45 PM for further consideration.

Meanwhile, a division bench of the High Court also earlier took a suo motu note of the accident. Read here

Case Title: Pauly Vadakkan v. Corporation of Cochin

Click Here To Read/Download The Order