The Delhi High Court on Wednesday denied anticipatory bail to two contractors allegedly responsible for digging up a 14-foot-deep pit in the middle of a road in which a young motorcyclist fell and lost his life.
Justice Swarana Kanta Sharma observed that the public roads belong to the people of the city and case involves not merely a breach of contract conditions but about the safety of ordinary citizens who have a legitimate expectation that public roads will not be turned into a death trap.
“A lenient approach in the facts and circumstances of the present case would send an alarming message of indifference towards accountability of those who, prima facie, convert public roads into death traps, reduce human life to collateral damage of contractual work, and seek to evade responsibility thereafter,” the Court observed.
The court was hearing anticipatory bail pleas filed by Himanshu Gupta and Kavish Gupta, directors of a company which was awarded a sewer rehabilitation contract by the Delhi Jal Board.
The excavation, measuring approximately 20 feet in length, 13 feet in width and 14 feet in depth, had been dug on a road in Janakpuri. On the night of February 6, a motorcyclist fell into the unguarded pit and later died.
Relying on CCTV footage and the status report, the Court noted that no barricades, blinkers, warning boards or safety measures were in place at the time of the accident despite explicit contractual and traffic police conditions mandating them.
Further, the Bench recorded that permission granted by Delhi Traffic Police allowed excavation only during night hours and required adequate barricading, signage, lighting and pedestrian safety measures.
The Court observed that the precious lives of the general public cannot be left to the mercy of God while excavation work is carried out on busy roads without ensuring basic safety measures.
“A message must also go to the community that a person or entity awarded a public contract undertakes it with responsibility, and if such responsibility is abdicated, accountability under the law must follow,” the Court underscored.
Justice Sharma further criticised the alleged post-incident conduct, noting that instead of immediately informing police or arranging medical aid, efforts appeared to have been made to cover the pit with barricades.
Advocates Ajay Paul, Geetu Paul, Dayanand Sharma and Kamlesh Chandra Tripathi appeared for by Himanshu Gupta and Kavish Gupta.
Additional Public Prosecutor Naresh Kumar Chahar represented the Delhi Police.
Advocates Neha Singh, Aastha Chaturvedi and Rahul Vats represented the victim.
[Read Order]