M.P. ASHRAF Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner states that on 7/5/2023 at about 7.30 pm a packed tourist boat overturned near Thoovaltheeram Beach at Tanur in Malappuram. The Boat was capsized due to heavy overload. Twenty two people were drowned and died. The Tanur Police registered Crime No.526/2023 against five persons for offences punishable under Ss. 280, 212, 337, 338, 109 and 302 read with Sec. 34 IPC. A Final Report has been filed and the trial is pending.

(2.) The Government of Kerala issued Ext.P1 Notification dtd. 19/5/2023 appointing a Commission of Inquiry for enquiring into the cause that led to the boat accident on 7/5/2023 and to propose measures to avoid such disasters in future. The Commission of Inquiry issued a Notification dtd. 13/11/2023 inviting all persons acquainted with subject matter to furnish statements. The petitioner also submitted a statement and he is recorded as E2 Party in the proceedings. The Commission of Inquiry has started to collect evidence from victims, public and Government officials. About 82 witnesses were examined.

(3.) The petitioner submits that it is the callous negligence and dereliction of duty on the part of the Port officials and Kerala Maritime Board which resulted in the tragedy. The petitioner would allege that there was a criminal conspiracy by those officials with the Boat owner for operating the boat service flouting statutory provisions and safety measures.