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Did Kerala High Court Mandate Special Investigative Squads To Tackle Rising Hit And Run Cases
In a landmark decision addressing the systemic failure to adjudicate hit-and-run motor accidents, the at Ernakulam has issued a directive to the . Presided over by Justice G. Girish, the Court ruled on three separate writs—WP(Crl.) Nos. 15/, 721/, and 829/—all concerning victims denied justice due to the inability of law enforcement to trace offending vehicles.
The Reality of Unsolved Tragedies
The judgment arises from the harrowing experiences of three petitioners: an HDFC Bank employee left crippled after a severe spine injury in an Angamaly-Aluva hit-and-run; the widow of a 60-year-old mason who died following a road accident in Thiruvananthapuram; and a young victim involved in a collision near the Kadavanthra-Panampilly Nagar road who suffered multiple fractures. Despite the prevalence of surveillance technology, these cases reached a stalemate, highlighting a consistent failure in the standard police investigation process.
Systemic Gaps and Legal Observations
Justice G. Girish observed that unless such investigations are prioritized, the will suffer from "disastrous consequences." The Court criticized the current implementation of the , noting that victims bear the brunt of medical expenses while the perpetrators vanish.
Key Observations:
"Nowadays news reports about road accidents seldom catch the attention of newspaper readers.""Unless special arrangements are made in each District, to have coordinated efforts to narrow down and catch such offending vehicles, incidents of this nature will be on the rise.""The inability of the State Machinery to find out ways and means to provide compensation... would amount to nothing short of injustice and impertinence."
The Court’s Directive for Reform
Emphasizing the need for modern forensic and telecommunication usage, the Court pointed to international models—specifically Australia’s and England’s —as systems that prioritize victim compensation through centralized funds.
To address the immediate procedural shortcomings, the High Court ordered: 1. Special Squads: The State Police Chief must constitute specialized investigative squads in every district to track down offending vehicles. 2. Technological Integration: Cyber police are mandated to provide top-priority assistance to these squads. 3. Public Engagement: Contact information for these squads must be made available to the public to encourage witness participation. 4. Investigation Transfers: The Court ordered that investigations in the three specific cases be transferred immediately to the , led by officers of at least Deputy Superintendent of Police rank.
Ensuring Future Accountability
The judgment underscores that victims should not be left to
"run after the properties of the owner of the vehicles"
for compensation. By insisting on higher-rank oversight, the
has set a clear precedent: hit-and-run cases must be treated as
rather than routine, back-burner accidents. The Registry was directed to forward this judgment to both the state government and the
for urgent policy consideration.
