Bombay High Court Considers Asset Attachment for Officials in Devastating Goa Fire Case
The Bombay High Court delivered a stern warning on Tuesday, stating that it is prepared to attach and auction the assets of those responsible for the tragic Birch by Romeo Lane fire in Panaji, including government functionaries. This drastic measure aims to secure compensation for the families of the 25 victims who perished in the blaze.
Court Issues Strong Message Against Negligence and Dereliction of Duty
A division bench comprising Justices Suman Shyam and Amit Jamsandekar emphasized that the time has come to send a loud and clear message to individuals profiting from shady businesses. "Whoever is thriving on shady businesses should get ready to pay for generations," the bench declared, highlighting the severe consequences of negligence.
The court pointed out that various statutory bodies are entrusted with maintaining law and order and providing ambulance services in such locations. It underscored that the government bears ultimate responsibility, and where deliberate negligence and dereliction of duty lead to loss of human lives, the court's jurisdiction under Article 21 of the Constitution will be invoked.
Proposed Measures Include Property Attachment and Auction
The bench elaborated on its stance, stating, "One has to see how it happened and fix responsibility. Apart from that, except for putting them behind bars, we will even consider attaching their properties and putting them to auction sale." This approach ensures that beyond criminal penalties, financial restitution is prioritized for the affected families.
Additionally, the court clarified that the state government retains the liberty to take independent action against the responsible parties, reinforcing a multi-pronged strategy to address the tragedy.
Legal Proceedings Highlight Systemic Failures
During the hearing, Advocate General Devidas Pangam informed the court that the victims were primarily labourers whose families lack the means and resources to cope with the loss. He argued that the owners of Birch by Romeo Lane, who are currently in custody and named as parties in the suo motu petition, should be held financially accountable for compensation.
When questioned about reasonable compensation, Pangam indicated that he would present a formula prescribed by the Supreme Court to the bench, ensuring a standardized and fair assessment.
Amicus Curiae Advocates for Broader Accountability
Advocate Rohit Bras de Sa, serving as amicus curiae in the petition, urged the court to extend financial recovery to the sarpanch of the Arpora-Nagoa panchayat. He alleged that the sarpanch granted No Objection Certificates (NOCs) contrary to law, without proper occupancy certificates or permissions, and has amassed significant wealth. "Only when they are made to pay will a message go out loud and clear, and they will take their jobs seriously," he asserted.
In response, the bench affirmed that the High Court would direct the attachment of properties of any official found complicit in the negligence, broadening the scope of accountability beyond the business owners.
Background and Broader Implications
Pangam noted that all coastal panchayats were included as parties in the petition to establish their duties, citing a serious problem in the coastal belt with illegal commercial establishments. However, the High Court expressed reluctance to mix issues, focusing instead on the immediate tragedy.
This case follows last month's notices issued by the High Court to 52 parties, including coastal panchayats and municipal bodies, over illegalities by commercial establishments operating without statutory provisions. The court's latest remarks signal a rigorous approach to enforcing accountability and ensuring justice for the victims' families, setting a precedent for future cases involving governmental negligence.
