Delhi Court Clears Former Assam MP in 2020 Labourer Death Case
A Delhi court has discharged former Assam MP Kirip Chaliha in a case connected to the death of a labourer during renovation work at a Vasant Kunj apartment in 2020. The court found that a prima facie case exists against the contractor involved in the incident.
Court Rules on Criminal Liability and Negligence
Additional Judicial Magistrate Neha Mittal made this decision while ruling on discharge pleas. She stated that liability under Section 304A of the Indian Penal Code requires a rash or negligent act to be the direct or proximate cause of death.
The court expressed no iota of doubt regarding the contractor's negligence. It specifically cited his failure to provide safety gear to workers as a key factor.
Why the Former MP Was Discharged
The court ruled that criminal liability could not be vicariously imposed on Chaliha. It found no evidence that the renovation work was under his supervision or control.
Chaliha's counsel argued that the former MP, a permanent resident of Assam, had no role in managing or supervising the renovation. He was not present at the flat during the incident.
Background of the Case
The case was registered based on a complaint by Shahjamal Mandal concerning the death of Mosarul Gain. The tragic incident occurred on June 1, 2020, at Kaveri Apartments in Vasant Kunj.
Gain and the complainant were working when a wall collapsed. Gain sustained injuries and later died from them.
The court's decision highlights the legal distinction between direct responsibility and vicarious liability in such cases. It underscores the importance of evidence linking individuals to specific acts of negligence.
