Lawyers call for cases against RJIL, NMC over Pinky’s death

NAGPUR: Enraged over the way a two-year-old toddler met with a tragic death after falling into an unguarded pit dug by Reliance Jio Infocomm Limited (RJIL) to lay optical fibre network, the lawyers’ fraternity has called for cases against the company and Nagpur Municipal Corporation (NMC) for negligence, and to force them to pay hefty compensation. Advocates say there are various laws under which the parents of two-year-old Pinky, who lost her life, can approach the judiciary even now.
Expressing concern over the growing number of such incidents due to the ‘death traps’ left by companies like RJIL and Orange City Water Works (OCWA), lawyers demanded stringent punishment for contractors and civic officials for apathy leading to the loss of human lives.
“There are two ways the parents can drag RJIL and civic officials to the court. First, they must lodge a police complaint under Section 304A of IPC for culpable homicide that led to Pinky’s death. They can also file a civil suit for getting compensation from both accused parties. Undoubtedly, her death was caused due to negligence and the authorities must pay compensation to the poor parents,” Firdos Mirza says.
Endorsing him, Shrirang Bhandarkar said that civic officials are booked under the culpable homicide sections abroad, as governments there take such incidents threatening public safety and security very seriously. “In an agreement between RJIL and NMC, some clauses for public safety must be mentioned. Other way out is to move the accidents claim tribunal for compensation, but then, the criminal angle will be lost from the case. Local contractor could be prosecuted in such cases for negligence.”
Bhandarkar had pleaded on behalf of a parent in a similar case in Chandrapur, where the petitioner’s son died after falling in a pond. The Nagpur bench of Bombay High Court had booked the contractor under Section 106 of IPC and directed the civic body to pay compensation to the victim’s parents through the contractor.
Throwing more light on ways to sue the civic body, Trupti Udeshi says Pinky’s parents can file a civil suit for grant of compensation under Article 226 of the Constitution of India, besides lodging an FIR. “No one can dispute the fact that there was a pit and the toddler died after falling into it. The parents can demand immediate relief under the Constitution. Alternatively, they can file a suit for compensation under Criminal Procedure Code (CrPC) as NMC comes under the definition of public body.”
Hrishikesh Marathe pointed out that if cops refuse to lodge an FIR against RJIL and NMC, the parents can file a criminal suit against them under Section 156(3) of CrPC.
Way forward:
Laws under which RJIL & NMC could be sued:
For criminal proceedings: Section 304A of Indian Penal Code
For civil proceedings: Section 106 of Indian Penal Code, Article 226 of the Constitution, and Criminal Procedure Code