‘Harbingers of death’ on roads must be dealt with an iron fist: High Court

THE Kerala High Court has come down heavily on reckless private bus drivers and the authorities responsible for road safety following the death of a 28-year-old woman in a bus accident at Kakkanad, Kochi.

Describing dangerous drivers as ‘harbingers of death’ on the roads, the court said they must be dealt with an iron fist and that merely arresting the driver involved in an accident would not be sufficient.

Justice Devan Ramachandran made strong observations on Friday while considering the circumstances surrounding the death of Akshara, a 28-year-old IT professional from Thrissur who was working at Infopark, Kakkanad.

Akshara was knocked down by a speeding private bus while returning from a gym on Tuesday morning. She was run over by the rear wheels of the bus and died instantly. The incident triggered widespread outrage, with Infopark employees and others protesting against reckless driving and the lack of pedestrian safety in the area.

Driver with eight criminal cases

The court expressed shock after being informed that C.K. Binoy (43), the driver of the bus named 'Malayil', had eight criminal cases registered against him, including cases relating to narcotic substances and assault.

According to the police, the cases included two narcotics-related cases and two assault cases registered at Thoppumpady police station, besides a narcotics case and a motor accident case at Palarivattom police station.

The court was particularly concerned that a person with such a criminal background had continued to drive a passenger bus. The police informed the court that the bus owner had applied for a Police Clearance Certificate (PCC) for the driver around the time of the accident. It was also alleged that the driver's previous criminal cases had not been disclosed by the owner.

The judge observed that the authorities must ensure that a person involved in such serious incidents is never allowed to drive again. The court also stressed that responsibility should not end with the arrest of the driver. Bus owners and operators must also be held accountable for employing drivers who pose a threat to public safety.

‘Are they the masters of the roads?’

Taking a serious view of the manner in which private buses are driven, Justice Devan Ramachandran questioned whether bus drivers considered themselves above the law.

He observed that buses often intimidate other road users by sounding their horns loudly from behind, expecting everyone else to give way. Describing such drivers as ‘harbingers of death’ rather than masters of the roads, the judge said they drove as though possessed by madness.

The court pointed out that ordinary road users, including women and pedestrians, were being exposed to grave danger. It reminded the authorities that every person killed in a road accident is somebody's mother, sister, daughter or wife, and that no compensation can replace a human life.

The judge also expressed anguish over the circumstances of Akshara's death, observing that the tragedy had taken away a young woman's life and left her family with an irreparable loss.
Footpaths occupied, pedestrians forced onto roads

The High Court also drew attention to the poor condition of pedestrian infrastructure in Kochi. It observed that several roads did not have proper footpaths and that even the existing footpaths were often occupied by parked vehicles and other obstructions.

As a result, pedestrians were being forced to walk on the carriageway, exposing themselves to speeding vehicles.

Referring to the Kakkanad accident, the court said that the absence of adequate pedestrian space made the situation particularly dangerous. It called for the removal of encroachments and vehicles occupying footpaths and stressed that pedestrians must be provided with safe walking space.

The court made it clear that road safety could not be ensured by focusing only on drivers. The authorities responsible for maintaining roads and providing pedestrian facilities also had an important role to play.
One-week deadline for corrective measures

The court directed the police and other authorities to find solutions to the problems associated with reckless private bus driving within one week.

Appearing before the court, Kochi Deputy Commissioner of Police Arun K. Pavithran was asked to ensure stringent action against those responsible for endangering public lives.

The judge also said that merely arresting the driver was not enough and that action must extend to the bus owner and other persons responsible for operating the service. The authorities were asked to take effective steps to prevent similar incidents.

The police have initiated proceedings against the bus owner. The vehicle has been taken into custody and produced before the court, while steps have also been initiated to cancel its permit.

The court further cautioned against allowing private buses to engage in dangerous competition in the name of maintaining schedules. The police, it said, should concentrate on ensuring that buses are operated safely and in accordance with the law, while the Motor Vehicles Department could examine compliance with schedules.

A wider question of accountability

The Kakkanad tragedy has once again brought the issue of road safety in Kerala into sharp focus. The High Court's observations underline the need for a coordinated approach involving the police, Motor Vehicles Department, local bodies, road authorities and private bus operators.

The central question is not merely how to punish a driver after a fatal accident, but how to prevent people with dangerous driving records from being placed behind the wheel in the first place.

The court's intervention also comes amid its continuing scrutiny of road safety in the State. Its message is clear: reckless driving, inadequate enforcement and unsafe pedestrian infrastructure cannot be treated as routine problems. Protecting the lives of ordinary road users must take precedence over commercial interests and the convenience of transport operators.