Kerala High Court’s Directive on Hit-and-Run Cases
In a significant ruling on Monday, the Kerala High Court instructed the State Police Chief to establish dedicated special squads across all districts for the investigation of hit-and-run accidents. This directive was issued in the case of Geetha v State Police Chief of Kerala & Ors and related matters, presided over by Justice G Girish.
Justice Girish highlighted the persistent challenge of unsolved hit-and-run cases, often attributed to the inability of the police to promptly identify and apprehend the offending vehicles or drivers. The Court stressed the importance of a robust investigative approach, involving coordinated efforts from the entire police force, including cyber units, and the strategic use of technology to track fleeing vehicles.
Special Squads and Their Responsibilities
The Court emphasized the urgent need for these special squads, stating, “It is high time for the intervention of this Court to give directions to Police higher-ups to constitute special squads in each district to coordinate effective steps for the round-up and apprehension of offending vehicles and culprits vanishing from the bounds of law.” The special squads are expected to act promptly and efficiently in tracing the offenders.
Additionally, the Court mandated that all police personnel must immediately alert and collaborate with these squads upon the occurrence of a hit-and-run incident. Cyber police were instructed to prioritize requests from the squads, ensuring swift action. To facilitate public cooperation, the Court ordered the dissemination of the special squads’ contact information, enabling eyewitnesses to report incidents promptly.
Transfer of Investigation and Further Directives
The Court’s orders came while addressing three petitions from victims and families of deceased victims seeking thorough investigations into separate accidents in Thiruvananthapuram and Ernakulam districts. The investigations were transferred to the District Crime Branch teams, led by officers of at least the rank of Deputy Superintendent of Police. The Court also instructed its registry to send copies of the judgment to the Cabinet Secretary, Chief Secretary of Kerala, and the State Police Chief for immediate implementation.
More Read
Appeal for Central Government Action
In a broader appeal, the Court urged the Central Government to amend the ‘Compensation to Victims of Hit and Run Motor Accidents Scheme, 2021’ and enact legislation in line with the directions from the case of Rajaseekaran S v Union of India. The Court expressed concern over the plight of victims left uncompensated when offenders remain unidentified. It suggested that the government explore compensation models from countries like Australia and England, where statutory bodies provide relief in such cases.
The Court proposed the establishment of a dedicated statutory authority and compensation fund, potentially financed by portions of traffic fines, registration fees, permit charges, or insurance premiums, to aid victims effectively.
In this case, the petitioners were represented by Advocates MR Sarin and Vivek Venugopal, with additional representation from Advocates Santhosh Peter (Mamalayil), PN Anoop, MS Sandeep Sudhakaran, Nadeem Nazar, and Nissi V Rajesh. Public Prosecutor Sameer S appeared on behalf of the State.
