'Right To Travel' Virtually Elevated To Fundamental Right, Failure To Restore Poor Roads A Virtual Crime: Kerala High Court Remarks

The Public Works Department (PWD) of the Kerala government on Thursday (August 21) told the High Court that it has begun restoration works on roads all over the State.

The submission was made to Justice Devan Ramachandran, who was considering the issue of poor road conditions in the State and the accidents which are caused by the same.

When the matter came up, the government pleader appearing for the PWD submitted that restoration works have begun, which the Corporation of Cochin also confirmed. The counsel appearing for the Greater Cochin Development Authority (GCDA) submitted that restoration works in the Kaloor-Kadavanthra road is nearing completion.

Regarding the action against engineers who are responsible for the poor roads, though it was stated that action has been taken, no report was produced before the Court. The amicus curiae in the case stated that the roads are still in poor conditions and that there are peripheral changes due to stoppage of rains.

Recording the same, the Court called for reports on all the aforesaid actions by the next posting date. Thereafter, it observed,

"This Court has been emphasising in every order that has been issued that right to travel is a constitutional right but is now being elevated, virtually, to a fundamental right. Right to safety is on a much higher pedestal because it falls within the compass of Article 21. Bad roads, as has already been said, do not merely curtail right to travel but also endangers citizens and procrastination in restoring it becomes a virtual crime."

In earlier postings, the Court had took note of several accidents that had occurred in the State due to bad roads. Referring to these, particularly an incident in Thrissur, the Court pointed that it has not yet received any concrete information about the same.

The Court further observed, "I propose to clarify that should there be any road which remains unattended by the next posting date, the engineer in charge of the same shall be present before this Court."

Case Title - C P Ajithkumar v State of Kerala

Case No - WP(C) 32680/ 2008