Being on time not licence to kill people on roads: Kerala High Court on reckless bus drivers

The Kerala High Court on Friday came down heavily on traffic police authorities over the enforcement of road safety rules in the state, particularly against private buses, after taking note of repeated instances of buses being driven in a dangerous and reckless manner [CP Ajithkumar & anr v State of Kerala & ors].

Justice Devan Ramachandran was hearing a case concerning road conditions and public road safety in the state.

He observed that any vehicle could turn into a dangerous machine when driven without care and stressed on the need for stricter enforcement of traffic rules.

The judge particularly questioned the authorities on why buses could not be confined to the slow lane and took exception to bus operators citing the need to maintain schedule timings as an excuse for reckless driving.

"Can maintaining timings be an excuse? Can somebody say that as an excuse to kill someone? A bus, car or any vehicle is a “killing machine” if it is not driven carefully," Justice Ramachandran said.

The Court's concerns over reckless bus driving arose during an earlier hearing when two incidents involving private buses in Kochi and Kannur were brought to its attention.

In the Kochi incident, a private bus had overtaken another bus through a pedestrian area, forcing a person in front of it to flee for his life, while in the Kannur incident, a bus had knocked down two young children on the main road before fleeing.

The Court had described the incidents as frightening and said that the police and motor vehicle authorities were responsible for ensuring the strict enforcement of traffic rules in the state.

The Court was even assured by the authorities that necessary measures would be taken to ensure that heavy vehicles did not overtake within city or municipal limits and remained in the appropriate lanes.

It was against this backdrop that Justice Ramachandran today questioned authorities on the continued violations happening across the state.

During the hearing, the judge expressed dissatisfaction over the lack of improvement in the enforcement of traffic rules, despite the assurances previously given by the authorities.

Justice Ramachandran asked authorities on whether registering cases for rash or reckless driving against the drivers was sufficient when such action had failed to curb repeated instances of drivers endangering the lives of others on the road.

"We see so many accidents. A vehicle comes from the left and almost hits somebody, and then you charge the driver with rash and negligent driving. What value will that driver then have for you or for the law? If all that happens is a rash and negligent driving charge, there is nothing to fear. Anything can be done on the road," he added.

He questioned whether existing camera surveillance was being effectively used to identify traffic violations and remarked on the lack of civic sense among motorists, particularly the practice of using horns to intimidate other road users while attempting to overtake.

The judge stressed that police have the responsibility to effectively enforce traffic rules, failing which motorist would have little reason to obey the law.

"Courts can say whatever they want, but enforcement is in your hands. If they do not fear enforcement, they will not fear the law," Justice Ramachandran said.

He further clarified that the officers had been called before the Court to convey the road safety concerns repeatedly raised by ordinary citizens.

He said that the Court does not intend to take over the functions of the authorities or micromanage them and asked the authorities to take necessary measures to address the traffic violations effectively.

The matter will be heard next on October 16.

Government pleader Manu Thomas appeared for the State.

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