On Wednesday, the Delhi High Court dismissed an anticipatory bail application of two directors of a private contracting company suspected to have played a role in a deadly excavation accident in west Delhi in Jayakpuri, and noted that the accident was wholly avoidable and as a result of gross negligence.
Justice Swarana Kanta Sharma refused to grant pre-arrest bail to Himanshu Gupta and Kavish Gupta citing the fact that the death of a young biker was due to the obvious violation of the obligatory safety regulations. The court observed that critical measures had not been observed in the excavation site that had been dug along a major highway road.
The court in its order has indicated several errors such as no barricades, no warning blinkers or personalities on how to keep the vehicles or pedestrians falling into the pit. It also pointed out the unavailability of rescue equipment, first-aid and failure to secure instant communication with police and medical authorities in case of an emergency.
The bench was categorical that the execution of contractual work was careless thus turning public roads into death traps. It emphasized that when one is deprived of human life, such incidences cannot be cleared as simple breaches of contracts. The court noted that an untoward incident was bound to occur because of digging a very massive pit, about 20 feet long, 13 feet wide and 14 feet in depth without following tender conditions and traffic safety norms.
Focusing on the aspect of accountability, the court said that the contractors who have been given the responsibility of providing work by the government must bear the responsibility towards providing safety and failure to which legal actions should follow.
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