Accidents in court: Traffic cops your best chance to get justice

Specially designated units (crash units) should be deployed to investigate death crashes, heavy goods vehicle crashes, bus collisions. The severity of punishment must exist so that this punishment can affect both those who we punish and those who have not yet come into conflict with the law. MARCIN FLIEGER , Global Road Safety Partnership, International Federation of Red Cross and Red Crescent Societies

Mumbai:eighteen months ago, the Mumbai traffic police formed a team to conduct analysis of each crash. Their job entails reaching the site as soon as possible and compiling comprehensive data to identify the cause of the crash (lack of streetlights, speeding, mechanical error and road conditions). While experts believe this could prove to be the best form of investigation owing to the traffic department’s awareness of the ground reality, this data does not even reach the court.

Reason: Traffic police are not an investigative agency. The prosecuting advocates rely mainly on three factors – victims, witnesses and officials namely police, doctors and regional transport office.

Amitesh Kumar, joint commissioner of police, traffic, said the idea of the cell is to reduce the number of accidents by understanding the causes. “We don’t assist in probe. Local police stations are equipped for it,” he said.

Transport expert Ashok Datar has a different view. “Traffic police are best equipped to study road crashes. With their training, they have a better chance of getting proofs [to help a case].”

This is how an investigation is conducted. When a police officer receives information about an accident, the team reaches the spot to conduct a panchnama. The statements of witnesses are recorded in case of a fatal crash and injured in case of non-fatal ones. “Witnesses prove the presence of the accused. CCTV footage also helps in most cases,” said an assistant inspector with a police station.

The method, according to a public prosecutor, is incorrect. “Proving that the accused was driving at the time of the crash is imperative to conviction. Police don’t present enough witnesses. A pan shop owner or a hawker, who can help identify the witnesses, are seldom presented as witnesses,” the prosecutor said.

The crash analysis team, however, has failed to help the cause for which it was set up, which road safety expert AV Shenoy attributed to their lack of expertise.. According to the response to an RTI query filed by activist Shakeel Ahmed Shaikh, the fatalities have increased from 467 in Mumbai in 2016 to 490 last year.