Kerala High Court directs DGP to constitute special squads in every district to probe hit-and-run cases

The Kerala High Court on Monday directed the State Police Chief to constitute special squads in every district to trace and apprehend offenders and vehicles involved in hit-and-run accident cases [Geetha v State Police Chief of Kerala & ors and connected cases]

Justice G Girish observed that hit-and-run cases often remain unsolved because the vehicle or the driver involved in such accidents are not traced on time by the police.

The Court emphasised that effective investigation into such cases is necessary and will require coordinated efforts by the entire police force, including cyber police and the prompt use of technology to trace fleeing vehicles.

"Therefore, it is high time for the intervention of this Court to give directions to Police higher-ups to constitute special squads in each Districts to co-ordinate effective steps for the round up and apprehension of offending vehicles and culprits vanishing from the bounds of law after accidentally or deliberately hitting down the traveller of other vehicles, or even pedestrians," the Court said.

The Court further ordered that all police personnel should immediately alert and assist the special squads whenever a hit-and-run incident comes to their notice. It also said that the cyber police personnel must give top priority to request made by the squads.

The Court directed the police to publicise the contact details of the special squads so that eye witnesses can promptly share information on hit-and-run accidents.

The Court issued these directions while disposing of three petitions filed by victims and the family of a deceased victim seeking effective investigation into separate accidents in Thiruvananthapuram and Ernakulam districts.

The Court transferred the investigation of the three cases to the District Crime Branch teams headed by officers not below the rank of Deputy Superintendent of Police and directed the court registry to forward copies of the judgement to the Cabinet Secretary, the Chief Secretary of Kerala and the State Police Chief for urgent action.

Meanwhile, the Court also urged the Central government to immediately modify the 'Compensation to Victims of Hit and Run Motor Accidents Scheme, 2021' and bring in appropriate legislation to effectively implement the directions issued by in Rajaseekaran S v Union of India.

The Court observed that in cases in which offenders remain unidentified, victims are often left without any meaningful compensation, despite suffering injuries and financial hardship.

"It is high time that the Central Government should wake up from slumberness and take appropriate steps, which would provide solace to hundreds of victims of hit and run accident cases who, for no fault of theirs, are deprived of the reliefs as in the case of an accident where the offending vehicle is detected," the Court added.

It suggested the Central government to examine compensation models adopted in Australia and England where statutory authorities compensate victims of accidents involving unidentified or uninsured vehicles.

It also said that a dedicated statutory authority and compensation fund should be constituted. It could be financed through a portion of traffic fines, registration fees, permit fees or insurance premiums, the Court added.

Advocates MR Sarin and Vivek Venugopal represented the petitioners.

Advocates Santhosh Peter (Mamalayil), PN Anoop, MS Sandeep Sudhakaran, Nadeem Nazar and Nissi V Rajesh also appeared for one of the petitioners.

Public Prosecutor Sameer S appeared for the State.

[Read Judgment]