On May 9, Kerala state police chief Anil Kant formed a special investigation team to look into the Atlantic tragedy that killed 22 people. The team includes Malappuram district police chief Sujith Das S, Tanur Deputy SP V V Benny, and Tanur station house officer (SHO) Jeevan George. However, concerns are being raised over the selection of the investigation team members as they allegedly ignored the complaints about the boat earlier.
The recreational boat named Atlantic capsized in Ottumpuram Thooval Theeram beach in Tanur in Kerala on May 7, killing 22 people, including 15 children, five women and two men, while 10 others were injured. It was a fishing boat converted to a passenger boat, and several irregularities related to it have emerged since it sank. Murder charges have been slapped against the owner of the boat and he has been arrested.
Speaking to Onmanorama, councillor Nisamudeen said that had these officers, who are part of the probe team, acted on the complaints against the illegal boats, many lives could have been saved. He said, “These officers should have never been in the investigation team. The boat accident happened because of their apathy.” Notably, councillor Nisamudeen has accused the police of ignoring his complaints against Atlantic.
The incident where the leisure boat Atlantic sank in Malappuram’s Poorapuzha River, killing 22 persons, took place on May 7. Only a day later, Tanur police arrested its owner 47-year-old Nassar Pattarakath. In the remand report filed at the magistrate court, the police said they were convinced Nassar was profiteered from running the illegal boat service for around 20 days. Deputy SP V V Benny urged the judicial magistrate to grant police remand of Nassar for 14 days stating he might influence and threaten witnesses and destroy the evidence.
Reacting to the arrest and investigation, councillor Nisamudeen said he was down with chickenpox when he learned about the boat service. He called Tanur’s sub-inspector and informed him about the running of illegal boat services for the tourists. The police, however, did not act on his complaint. He again called the police station on the landline number and sought intervention. He said, “I knew there would be crowding at Thooval Theeram on Eid ul-Fitr and asked the police to control the crowd or stop the service.”
Kerala High Court’s Observations on the matter
Kerala High Court’s division bench took the matter suo motu and directed Malappuram District Collector to file a report on May 12. The Court also sought the details of the port officer in charge of the area.
The court also criticised the Kerala Government for its inaction against officers responsible for the tragic boat incidents. “Why is there no action against them,” the court asked. The Division Bench headed by Justice Devan Ramachandran observed, “This is not the first time. There would be some investigation or recommendations whenever an incident occurs. Everything is forgotten. It’s happening again. People die. Nobody is responsible except the operator. Who is in charge of inland navigation?”
The lethargic behaviour of the administration might have led to the accident
Atlantic was a fishing boat, and it was converted into a leisure boat and started ferrying tourists to Thooval Theeram on April 15, Vishu Day. Now it has emerged that the boat started passenger services without final approval from the authorities. The boat owner was charging Rs 100 per person. From day 1, it was ferrying almost double its capacity, which was 22 persons. The fisherman in the area had complained about it as well.
Another fisherman named Nisar told Manorama he had called 100 to report the irregularities in the services provided by Atlantic, but the police did not act.
On April 22, the day of Eid Ul-Fitr, Tanur police acted on the boat services running at Thooval Theeram and stopped the services of four boats. Two eight-seater boats that had all the documents and required documents were asked to stop the services. Other than those two, boats named Atlantic and Jai Hanuman were also stopped. However, on April 23, both Atlantic and Jai Hanuman resumed services on the Poorapuzha River. According to Nisar, who owns two boats, Jai Hanuman is linked to the same people who ran Atlantic, and it was also a fishing boat which was converted to carry passengers.
Reacting to the incident, Justice JB Koshy, who is a former chairman of the Kerala State Human Rights Commission, said strict action should be taken against the officials who ignored the complaints against the boat services. Expressing his concerns over the same police officials handling the matter, he said, “They cannot be part of the police investigation. Those who flout rules peddle money and influence and escape punishment. Justice Koshy insinuated that the officials may escape the justice system in such cases.
In a statement, Justice B Kemal Pasha said the police were aware of the wrongdoings as they stopped the boat services. He accused Minister V Abdurahiman of making a call to allow the boats to resume services. He said, “They allowed the boat to resume service the next day. I have credible information that Tanur police allowed Atlantic to resume service because of a phone call from (Tanur MLA and) Minister V Abdurahiman.”
Minister of Sports and Minority Welfare Abdurahiman is MLA from Tanur. He was the minister of Fisheries and Harbour Engineering till January 2023. Justice Pasha called to check the call records of the minister for evidence. He added that the investigation should explore how a fishing boat was converted into a leisure boat and get approval. Justice Pasha said similar incidents might happen in Kumarakom, Alappuzha, and Ernakulam if the administration does not correct the course promptly.
Son-in-law of Kerala CM and PWD minister P. A Mohammed Riyas didn’t heed warnings about the boat’s condition
Two days after the Tanur boat accident, it came to the fore that Kerala Ministers, V Abdurahiman (Minister of Fisheries), and PA Mohammed Riyas (Minister for Public Works Department and Tourism) had ignored the complaints about the registration of the Atlantic boat issued to them by the boat operator.
One fisherman of Tanur and the boat operator Mamujin Puraikkal Muhajid said that he had complained about the illegality of the boat Atlantic when Ministers P A Muhammad Riyas and V Abdurahiman had arrived for the inauguration of the floating bridge in Tanur. He said Minister V Abdurahiman scolded him while Minister Riyas ignored the complaint.
It is important to note that Minister Mohammed Riyas who contested elections and won from the Beyopre constituency is son-in-law of CM Pinarayi Vijayan and was inducted into the Ministry by the CM in May 2021. It is also pertinent to note that Mohammed Riyas was associated with the Democratic Youth Federation of India (DYFI) and has an extremely controversial past. Mohammed Riyas, who rose through the ranks in the Left serving in the Students’ Federation of India, the DYFI, and then CPI-M, has been accused of orchestrating violence in Kerala.
In fact, in March 2021, Riyas was sent to judicial custody for orchestrating violence near the Air India office in Kozhikode to protest against the air tariff hike and reduction of in-flight services by the national carrier. A case was registered against four people, including Rajesh, for breaking the law after the DYFI protests had turned violent. The two accused, including Pinarayi Vijayan’s son-in-law Mohammed Riyaz, was later granted bail in the case. Riyaz is also infamous for leading ‘beef cooking’ protests after the centre sought to regulate cattle purchase and sale.
The dubious history of the boat ‘Jai Hanuman.’
In October 2022, Abdul Shukkur and his wife from Parappanangadi took a boat ride from Thooval Theeram in the Kapico boat. After the trip, Shukkur, who is a fisherman, wrote to the District Police Chief and Collector, expressing his concerns about the stability of the boat. He told Manorama, “I suspected the boat was illegally modified and did not have the required papers. And so I wanted the officials to investigate.” District Police did not reply to his complaint. However, after three months, he was informed by the Malappuram collector that Kapico was no longer in service.
However, Manorama’s report suggested Nissar Charath’s Kapico was given a makeover in March 2023, the white boat was painted black and it was relaunched in Poorpuzha River with a new name, ‘Jai Hanuman’. On the day Atlantic sank, Shukkur was at Thooval Theeram and recognised the renovated Kapico serving as Jai Hanuman. He said, “I told my friends that I had complained against the boat, and the collector wrote to me saying it was not in service. What else can a common man do.”
Since the incident, the name of Jai Hanuman has been reportedly erased, and the boat stands nameless.
Fishing boats cannot be modified into leisure boats
As per the Kerala Inland Vessels (KIV) Rules, fishing boats cannot be converted into leisure boats without permission. Atlantic was a 15-seater fishing boat. It was reportedly modified without permission at the Ponnani-based yard, which is not registered under the KIV Rules.
As per the regulations, boats can only be built or modified at KIV-accredited yards after the design’s approval from naval architects. Atlantic flouted the rules, and the officials showed reluctance in processing its application. Salim Kumar claimed he followed the rules. Manorama reported he wrote to the Port Authority in Alappuzha and Beypore Registering Authority in Kozhikode, asking them to initiate a stability test after imposing a fine of Rs 10,000 on the boat.
Contrary to the rules, The New Indian Express quoted a Kerala Maritime Board official that no rules prohibit the modification of a fishing board into a passenger boat. The Fisheries Department, however, countered the quote. In reply to an RTI query in January 2023, the Malappuram Deputy Director of the Fisheries Department said, “According to Kerala Marine Fishing Regulation Act, fishing boats registered with the Fisheries Department cannot be modified and used for tourism”.
Furthermore, the survey certificate noted that Praveen P was supposed to steer the boat, but it was being operated by one Dineshan, who Tanur Police arrested after the incident. Dineshan was not in possession of a valid shrank licence to operate a boat.
