Murder, says Tanur boat tragedy FIR; Kerala HC steps in too

The Kerala High Court said 22 precious lives were lost in a boat tragedy, which by initial accounts was "one that should have never happened and (could have been) fully averted."
Five people who had a miraculous escape from the Tanur boat accident were members of the Taluk Disaster Response Force. (Photo | EPS)
Five people who had a miraculous escape from the Tanur boat accident were members of the Taluk Disaster Response Force. (Photo | EPS)

KOCHI: The police on Tuesday slapped murder charge on the owner of the boat that capsized in Tanur, leaving 22 people dead. Meanwhile, the Kerala High Court initiated suo motu case in the incident, terming it a tragedy that "should never have happened."

The Special Investigation Team (SIT), which registered a case under Section 302 (murder) of the IPC against Nasar P, said he operated the ill-fated boat Atlantic despite knowing that chances of a tragedy were high.

Nasar was interrogated and produced before the Parappanangadi judicial first class magistrate court, which remanded him in judicial custody. He was sent to Tirur sub-jail.

Meanwhile, in Kochi, an HC division bench comprising Justice Devan Ramachandran and Justice Shoba Annamma Eapen, directed the Malappuram district collector to file a report on the incident by May 12. It also highlighted Kerala's past boat tragedies and its effect on people.

"From Redeemer that capsized in January 1924, drowning Mahakavi Kumaranasan and 34 others, to Jalakanyaka that went down in 2009 in Idukki killing 45; and other Poseidon tragedies with fewer fatalities taking place with frightening regularity, citizens seem justifiably indurated (hardened) to news of loss of lives caused solely by a deathly cocktail of callousness, indifference, greed and official apathy. How many more will we have to see?” asked the bench.

It said 22 precious lives were lost in a boat tragedy, which by initial accounts was "one that should have never happened and (could have been) fully averted."

It said unless the court puts its foot down, causative factors such as overloading, violation of laws and absence of safety requirements like life jackets would be repeated with impunity.

"Every tragedy triggers routine investigations followed by recommendations; but never to be heeded thereafter. The refusal to follow and enforce the most basic safety protocols is most infuriating. More so, since our state has hundreds of boats in tourism, and such an incident is waiting to happen if the present state of affairs is allowed to continue," the bench said.

The court said had the authorities concerned done their duty, the mishap, like the others, would have never happened. "The final loss is to citizens as instances like these are erased from memory soon," said the court.

Municipality one of respondents

The division bench has directed the registry of HC to array the chief secretary, Malappuram District Tourism Promotion Council secretary, Malappuram District Police Chief, Tanur municipality secretary, Alappuzha port officer, Beypore senior port conservator and Malappuram district collector as respondents in the suo motu case.

Boat driver, helpers absconding

Malappuram district police chief Sujith Das, who is heading the SIT, said Dinesh, the boat's driver, and his helpers who were on the boat are absconding. “A search is on to nab them,” he said, adding that the SIT will seek the custody of boat owner Nasar soon.

Cusat team to inspect boat

Malappuram district police chief Sujith Das said an expert team from Cochin University of Science and Technology will inspect the boat Atlantic and submit a report on the alterations made to it. The Kerala Maritime Board (KMB) had recently reached the final stage of issuing a licence to the boat operator to operate the vessel for trips. KMB chairman Salim Kumar said an expert from Cusat had recommended providing a licence to operate the boat with 22 passengers.
The SIT will scrutinise the nod.

Locals slam Nasar

The SIT nabbed Nasar from Kozhikode on Monday and brought him to Malappuram. While Nasar was being taken to the magistrate, the residents reached Parappanangadi and protested against him, calling him a murderer.

Court's observations

No operator can do all this on his own. It's because some support is received. We have to come to the root of the problem.

There is a lot to be answered by Tanur municipality. 22 people died. children died. Our hearts are bleeding. Nobody has fear of law anymore

Every time, the government steps in and announces compensation, which is absolutely necessary. Was any action taken to recover the amount from the officer who was responsible? It's public money we are giving. If some officers were held accountable, things would have been different.

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