Recklessness On The Wheel And Proclivity To Violate Law Will Never Be Tolerated: Kerala HC Cautions Drivers

The Kerala High Court has warned that recklessness on the wheel and the proclivity to violate law will never be tolerated and will be dealt with the most stringent response in law.

The Single Bench of Justice Devan Ramachandran held thus "The unmistakable caution to a driver, that recklessness on the wheel and the proclivity to violate law, will never be tolerated and will be dealt with the most stringent response in law is to be fostered and inculcated, because otherwise, nothing can change."

Advocate Sreenath Vijayaraghavan represented Petitioners whereas Senior Government Pleader KV Manoj Kumar represented the State. Standing Counsels KP Justine and K. Janardhana Shenoy represented Corporation of Cochin .

The Court observed that the children who lost their lives in the Thrissur Bus Accident on October 6, 2022 should not be forgotten. The Court further observed that an accident of that nature should never happen again; and for it action is paramount, not merely excuses or explanations.

The Transport Commissioner who had appeared pursuant to the order of the Court said that his Department has been on the job for the last several weeks and that the fatalities from accidents have now come down 13.7%, which is targeted to be increased to 20% in due time. He added that since the Rules and best practices relating to road traffic will have to be inculcated right from the school days, the Motor Vehicles Department has taken up on themselves a project by name "Safe Campus" and is also enforcing a curriculum for students, which is now awaiting final nod from the Government.

The Court noted "It is common knowledge that initiatives and proposals are never new and every time an incident happens, such aspects are brought to life with vigour; however, only to be forgotten when a more engaging event happens."

The Court observed that the road culture certainly has to change and it may have to be done through a clarion call to be made by the Authorities who are vested with the powers under the statutory Scheme.

With this in mind, the Court directed the Transport Commissioner to make suggestions with respect to the manner in which the roads and streets are to be made safer.

The Court also observed that "This Court, therefore, expects the Transport Commissioner to act in those lines and direct that the officers in his command and charge be entrusted with the task of enforcement strongly, strictly and decisively, to send a strict message to all the drivers that recklessness and carelessness will not be tolerated and that they will be accountable to law to the fullest warrant possible."

The Court directed the Transport Commissioner to issue necessary instructions in this regard to spur immediate action on a war basis.

The Court further directed the Transport Commissioner to be present on October 28, 2022 for further interaction.

Cause Title- Pauly Vadakkan v. Corporation of Cochin & Ors.  

Click here to read/download the Order