In a strong message on public safety and accountability, the Delhi High Court has refused anticipatory bail to contractors accused in a case where a young man died after falling into a deep excavation pit left open on a public road in Janakpuri.
Justice Swarana Kanta Sharma observed that “public roads cannot be turned into death traps,” warning that a lenient approach would signal indifference towards accountability when public lives are at stake.
Fatal fall into unguarded excavation
The case stems from an incident in West Delhi’s Janakpuri area, where the deceased allegedly fell into a 14 to 20-foot-deep pit dug in the middle of a busy public road. The excavation site reportedly lacked caution boards, barricades, lighting, or any safety measures.
An FIR was registered under Section 105 (culpable homicide not amounting to murder) of the Bharatiya Nyaya Sanhita, 2023. The prosecution argued that the work was executed in complete disregard of public safety norms and involved unauthorised sub-contracting.
Rejecting the plea that the accused were not present at the site during the incident, the Court held that unauthorised delegation of public work does not absolve contractors of their responsibility under the original contract.
Court slams “reckless disregard” for life
The Court noted that digging such a deep pit on a busy road without safeguards revealed not only negligence but knowledge of a high probability of serious injury or death.
It also expressed concern that no immediate medical assistance was arranged and that authorities were not promptly informed. The Court was “disturbed” by allegations that signage and barricades were hurriedly placed only after the incident, allegedly to shield those responsible.
Emphasising that insolvency proceedings cannot erase criminal liability, the Court observed that financial distress does not absolve social and legal responsibility.
Dismissing the anticipatory bail applications, the Court underlined that allowing contractors engaged in public works to escape accountability would endanger citizens at large.