The Delhi High Court on Wednesday dismissed the anticipatory bail pleas of two directors of a private company allegedly linked to a fatal excavation accident in west Delhi’s Janakpuri earlier this month, concluding that the life of a young woman had been lost due to human negligence and complete disregard of duty.
A Swarana Kanta Sharma bench refused to grant pre-arrest bail to the two contractors – Himanshu Gupta and Kavish Gupta, stating that the incident in question was a “preventable accident”.
The judge concluded that the accident occurred as a result of breach of mandatory duties and the absence of basic safety measures on site.
These included the lack of adequate safeguards to prevent a person or vehicle from falling into the excavation, the unavailability of necessary rescue equipment, the absence of first aid facilities, and the failure to ensure immediate warning and intervention by police and medical authorities.
The court said in its order that it cannot be allowed to turn public roads into death traps, or turn human life into collateral damage or contractual work, and it cannot be allowed to evade responsibility after that.
Read also: No bail for directors, subcontractor in Janakpuri pit death
“In the view of the court, it was a preventable accident and the negligence as well as the knowledge of the possibility of such an accident stand out strongly from the facts of the case. It is high time that the citizens of Delhi are no longer taken for granted and lives are valued. Accidents, such as the ones at present, cannot be treated as a violation of the terms of the contract. Rather, the loss of the life of an innocent young woman, a member of the community, must be acknowledged and mourned,” the court said while announcing the ruling.
She added: “When a hole measuring approximately 20 feet long, 13 feet wide and 14 feet deep is dug in the middle of a busy road, in complete violation of the terms of the tender and the traffic police, with no flashing, barriers or safety measures, and no safety equipment, it will inevitably lead to an unexpected accident. The breach of the mandatory duty and the absence of mandatory safety measures led to the death of an innocent citizen and a message must be sent to society that the person or entity awarded the public contract undertakes responsibility, and if it is waived, it will not There must be accountability and the law.”
A detailed copy of the ruling is awaited.
The incident occurred on the night between February 5 and 6, when the deceased, Kamal Dayani, an employee of a private bank in Rohini, was returning home. He fell into the dug pit for a sewerage project and his bike was fatally injured.
According to police, Diagne remained trapped for approximately eight hours. Investigators claimed that several individuals, including Prajapati, became aware of the incident but did not alert authorities or initiate rescue efforts in time. Prajapati and worker Yogesh have been arrested in this case.
Police said a bystander, Vipin Singh, first alerted a nearby security guard, who informed Yogesh. Yogesh then called Prajapati, who allegedly informed the company’s directors about an hour later. However, the police were not notified during that period.
Investigators told the court that they seized CCTV footage showing Yogesh placing green barriers and nets around the hole soon after the incident.
On February 9, police issued arrest warrants for Himanshu and Kavish. They subsequently referred the trial court for anticipatory bail, which was rejected on February 11.
In their petition before the Supreme Court, they asserted that they were suspended directors and had no authority to act on behalf of the company.
In her order, the judge also pointed out that the subcontractor informed Himanshu about the incident on the same evening; But they did not inform the police, did not take immediate steps to get medical help, and the victim remained in the hole, fighting for his life.
“This Court also holds that public roads belong to the people of this city and the case at hand is that, when DJB awarded a contract involving excavation on a busy road, it was not only given a work order but at the same time entrusted a general duty to the contractor to be careful and prudent. Digging a hole in the middle of a busy road not only revealed negligence but also revealed a high probability of human injury. It is very disturbing to note that even after the incident, no medical assistance was arranged. The police were not informed, nor was it ordered,” the court said in its order. “No emergency response despite knowing the victim was lying in the hole fighting for his life.”
