(August 28, 2001) 2001 (TLS)125552

2001-DLT-94-56 :: 2001-AD (Del)-7-158

SHYAM SUNDER SHARMA Vs. state of delhi

R. S. SODHI

( 1 ) ADMIT. THIS criminal revision is directed against the orders dated 27. 2. 2001 and 9. 4. 2001 of the learned Additional Sessions judge whereby the learned Judge has framed charge against the petitioners herein. It is contended before me on behalf of the petitioners that on the facts and circumstances of this case, no charge can be sustained Inasmuch as the NOC Issued by the 1st petitioner was for the period from 1/04/1995 to 31/03/1996 vide letter dated 28/09/1995 while the second petitioner issued NOC for the period from 1/04/1996 to 31/03/1997 vide letter dated 25/09/1996 and that the occurrence, which resulted In the death of 59 persons, took place on 13/06/1997. He submits that none of the acts of the petitioners are proximate enough to bring them within the mischief of Section 304-A Indian Penal Code.

( 2 ) IF is submitted by the learned Additional Solicitor general, appear Ing on behalf of the CBI, that the petitioners are liable for their acts which resulted In licence being Issued by the competent authority and, therefore, the chain of events was such which brings the petitioner s within the mischief of Section 304-A Indian Penal Code. Their actions are proximate enough to the cause of the Incident. I have given my careful consideration. The argument of the learned counsel for the petitioners that. the proximity of actions causing the death of 59 persons In the tragedy was the short-circuiting of the transformer, spilling of the oil and consequent fire and smoke. He submits that by no stretch of imagination can the petitioners be held for doing any of those acts. Therefore, to charge them under Section 304-A Indian Penal Code read with Section 36- Indian Penal Code would not be proper. what has been missed by the learned counsel, while making this submission before me, is that the the petitioners; were responsible for issuing the No objection Certificate which required of them under the Rules to ensure, after inspection, that the auditorium was safe as per rules, for , persons who may use it. This, if it had been done, would ensure safety of those visiting or using the auditorium in the event of mishap of the nature that has occurred. There is material on record to show large scale deviations resulting in the blocking of gangways, exit doors, erection of walls and placing of exhaust fans which sucked smoke into the hall, creating conditions in the auditorium which proved fatal; fire or smoke was not the only cause. The petitioners issued No objections Certificates from September to September when they were required to give their opinion in March to the licensing authority enabling it to renew the same. The practice adopted by the petitioners of issuing No Objections Certificate in September created a condition whereby the licensing authority gave temporary permits on expiry on 31st March of the year concerned. It cannot, therefore, be said that there is no nexus or that the proximity to the incident, as required under Section 304-A Indian Penal Code, is not made out. Learned counsel, while directing his attention only to the fire caused due to. short-circuit, has missed the larger aspect of the matter where statutory authorities are required to act in the discharge of their functions to ensure proper compliance of rules and regulations, framed to safeguard against any harm to the public using the facilities. In this case, the petitioners gave no objection certificate and certified the Gas Chamber to be safe for public use. It is not open to the court at this stage be evaluate the material to bring home the guilt of the accused. It is sufficient if the material on record supports a triable case. In this case, from what has been discussed above, there is no doubt that there is sufficient material collected by the prosecution and placed before the court justifying the petitioners