Jankapuri biker death result of gross negligence, court denies bail to contractors

The judge underscored that incidents of this nature cannot be treated as mere contractual violations. "It is high time that the citizens of Delhi are no longer taken for granted and that their lives are valued," the court said, adding that the loss of an innocent young life must be acknowledged and those responsible brought to book.

The Delhi High Court has refused anticipatory bail to two contractors accused in the Jankapuri open pit case, observing that the young man’s death was the result of gross negligence and a complete disregard of duty. The court further remarked that “public roads can’t be turned into death traps” and that “the lives of citizens cannot be left to the mercy of God while excavation work is carried out on busy roads without basic safety measures.”

Justice Swarana Kanta Sharma denied pre-arrest bail to contractors Himanshu Gupta and Kavish Gupta in connection with the death of a young biker who fell into a deep pit, measured approximately 20 feet in length, 13 feet in width and 14 feet in depth, allegedly dug in the middle of a public road without barricades, warning signs or blinkers. The excavation, the judge noted, was carried out in violation of work permit conditions, tender terms and traffic police permissions. No safety equipment mandated under the contract was deployed at the site.

“When a pit of such dimensions is dug in the centre of a busy road in utter violation of the conditions, and when no blinkers, barricades or safety measures are provided, it would inevitably result in an untoward incident,” the court observed.

The judge underscored that incidents of this nature cannot be treated as mere contractual violations. “It is high time that the citizens of Delhi are no longer taken for granted and that their lives are valued,” the court said, adding that the loss of an innocent young life must be acknowledged and those responsible brought to book.

"If contractors engaged in public works on behalf of the State are permitted to escape the rigour of law without fear of consequences, it would endanger the lives of citizens at large. Courts, even while considering bail applications, cannot remain oblivious to their social duty and the impact their orders may have on societal conscience. A lenient approach in the facts and circumstances of the present case would send an alarming message of indifference towards accountability of those who, prima facie, convert public roads into death traps, reduce human life to collateral damage of contractual work, and seek to evade responsibility thereafter," the court said.

The court also took note of the conduct of the accused and the alleged sub-contractor after the accident. Referring to the status report, it observed that the sub-contractor had informed the primary contractor about the incident the same night. However, neither the police were informed nor immediate medical assistance arranged for the victim.