Delhi High Court Upholds Framing Of Charges Against Building Owner Citing Absence Of Safety Mechanisms
The Delhi High Court has upheld a trial court order framing charges against one the owners of a building situated in city’s Anaj Mandi area of Sadar Bazar which caught massive fire in the early hours of December 08, 2019, claiming lives of 45 individuals, mostly labourers.
Download Free Download Download Sharma observed that the accused- Mohd. Imran, was the owner of a portion of the fourth floor as well as the storeroom constructed on the terrace of the building, which were unauthorised and illegal structures, thereby reflecting clear violation of building norms.
“The petitioner‟s daily presence at the building (which was constructed unauthorisedly), ownership of other floors, his role in sub-letting portions of the premises for earning money, and not rectifying the defects in the building despite a prior incident of fire, all point – at this stage – to his active participation, and sharing responsibilities, with the co-accused persons in committing acts which led to the unfortunate incidents in question,” the Court said.
It upheld the trial court order framing charges against Imran for the offences under Section 304 (Part II), 308, 35 and 36 of the Indian Penal Code, 1860, and alternatively, under Section 304A, 337, 338, 35 and 36 of the Code.
Imran sought his discharge on the ground that he did not own or exercise control over the specific floor of the building, where the alleged short circuit had occurred, which ultimately had triggered the fire resulting in the loss of lives.
Dismissing his petition, Justice Sharma observed that the building was unauthorisedly constructed beyond permissible limits and was being used for commercial activities without requisite approvals from authorities.
The Court further said that the building was constructed with the help of garters and tukdiyas without seeking any prior permission or NOC from the concerned authorities and without making any provision for emergency exit, proper ventilation, etc.
It noted that Imran, along with other co-accused, was motivated by profit and completely indifferent to the safety and well-being of the workers residing and working in the building.
The Court observed that no steps were taken by Imran to address the serious defects pointed out by tenants and workers from time to time, despite repeated warnings, including a previous incident of fire in March 2019.
Further, the Court observed that the investigation brought out that the common staircase remained majorly blocked throughout with stored material, which included inflammable material, compromising the escape route, thereby putting lives in grave danger.
Observing that such circumstances cannot be brushed aside or ignored, the Court noted that the probe revealed that the electric wiring of the entire building was in a dilapidated and poorly maintained condition.
“The mere fact that the short circuit, which allegedly caused the fire, occurred on the second floor cannot absolve the petitioner in this case. The dangerous and neglected condition of the electric wiring throughout the premises contributed to the overall risk and cannot be compartmentalised floor-wise,” the Court said.
It added that investigation further revealed that there was complete absence of any fire-fighting equipment or safety mechanisms on the portions also owned by Imran.
“Such glaring lapses, viewed cumulatively, indicate not just negligence but reckless disregard for the safety of occupants of the building,” the Court said.
Title: MOHD. IMRAN v. THE STATE GNCTD