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Ahmedabad Construction Site Deaths: Gujarat High Court Orders Action Against Police Inspector For Showing 'Undue Haste' To Help Accused
Basit Amin Makhdoomi
6 Jan 2023 5:26 AM GMT
Deprecating the undue haste with which the Investigating Officer had first filed a deletion report, then C summary report and finally the chargesheet in the case relating to the deaths of seven workers at a construction site in Ahmedabad last year, the Gujarat High Court recently directed the state Home Secretary and Police Commissioner, Ahmedabad to look into the conduct of the...
Deprecating the undue haste with which the Investigating Officer had first filed a deletion report, then C summary report and finally the chargesheet in the case relating to the deaths of seven workers at a construction site in Ahmedabad last year, the Gujarat High Court recently directed the state Home Secretary and Police Commissioner, Ahmedabad to look into the conduct of the officer.
"This action of the Investigating Officer Shri V. J. Jadeja, Police Inspector, University Police Station, Ahmedabad City is unwarranted and he should have to wait for few days more if he has concluded the investigation and also about to file final report. This glaring undue haste seems to help the accused and it is required to be taken very seriously," said the court.
The directions came from a bench comprising Justice Samir J Dave while hearing a bail application in connection with the FIR registered with Gujarat University Police Station, Ahmedabad for the offences punishable under Sections 304, 304A and 114 of the Indian Penal Code.
Seven labourers were killed at a construction site in September 2022. According to witnesses cited by the police, safety measures were not put in place at the site. While denying bail to the accused, the trial court had observed that the labourers were not provided the sufficient safety articles to and the accused had knowledge that a person can die in case he falls down from the 14th floor of the building
In the plea for bail, the counsel for the accused, relying heavily on the report of the investigation officer dated 29.09.2022, and a C summary report dated 05.11.2022 submitted that the reports clearly suggest that there was no negligence on the part of the applicants and the necessary mens rea was missing to charge them for the offence.
The bench noted that the investigating officer had filed a report on 29.09.2022 requesting to delete Section 304 and add Section 304A of the Indian Penal Code before the concerned trial court. The trial court on November 4, 2022 allowed adding Section 304A of the IPC but declined to delete Section 304 from the FIR.
It further noted that the investigating officer on November 5 filed “C” summary report with respect to the offence under Section 304 of the Indian Penal Code but the same came to be rejected by the trial court.
Later on 14.11.2022, the IO filed the Final Report in the FIR for the offences punishable under Sections 304, 304A and 114 of the Indian Penal Code.
The bench also took note of the fact after the filling of the final report the petitioners had already moved bail applications before the court of Sessions who however had declined the same stating that prima facie the offence punishable under Section 304 of the IPC was made out and the filing of the charge sheet had not changed the circumstances in the matter for court to take a different way.
Miffed over the approach adopted by the IO in the case, the court said he had shown "glaring undue haste" in the matter and according passed the following direction:
"The Secretary, Home Department, Gandhinagar and Police Commissioner, Ahmedabad is directed to look into the matter and take necessary steps in the present conduct of Shri V. J. Jadeja, Police Inspector, University Police Station, Ahmedabad."
Case Title: SAURABHBHAI KAMLESHKUMAR SHAH Vs STATE OF GUJARAT
Case Citation: 2023 Livelaw (Guj) 5
Coram : MR. JUSTICE SAMIR J. DAVE
For Applicant: MR ND NANAVATY, SR ADVOCATE WITH MR CHETAN K PANDYA(1973) for the Applicant(s) No. 1,2,3
MS MH BHATT, APP for the Respondent(s) No. 1
