Court rejects cops’ plea to close case in teen’s death

Court rejects cops’ plea to close case in teen’s death
By Lievanta Millar

A metropolitan magistrate in Dadar has rejected the RAK Marg police’s request to close a case of negligence against a civic official in the death of a teenage boy in 2012.

While the police cited no criminal intention for closing the case, the court observed that according to the IPC Section 304 (causing death due to negligence), evidence of knowledge was sufficient.

In August 2012, Mohammed Sayed Ansari, 13, had drowned after falling into an unbarricaded pit that had been dug by the BMC for carrying out repairs in Sewree. A case had been registered with the RAK Marg police against the then assistant engineer of the Water Works Department in Worli, who was an accused in the case, but was not named in the FIR.

The police had sought to dispose of the criminal charges against the assistant engineer stating that there was no criminal intention in the negligence that led to the boy’s death, but the court accepted the protest petition against granting closure of the case, that had been filed by the boy’s father, Raiees Ahmed Ansari, who is the complainant in the case.

The then investigating officer had submitted a report to the then Deputy Commissioner of Police (Zone IV) stating that the required security efforts by the civil officers were not made and that the death had been caused by pure negligence. The DCP, however, was not convinced and asked him to conduct further inquiries. The officer, however, got transferred and a new investigating officer took over. The DCP then approved of the second report submitted by a new investigating officer, which concluded that there was no criminal intention on the assistant engineer’s part.

The court found this “surprising” and concluded that “no fruitful purpose would be served by ordering further investigation to the police”. The court further concluded that the inquiry will be carried out by the court instead.

Social activist Imran Khan who had taken up the matter, said, “The Water Works Department was carrying out repairs and had dug the hole in which the boy fell. We asked the boy’s father to register a case of negligence after we found that the hole had not been barricaded as per norms, nor was a guard stationed there.”

Speaking to Mirror, Raiees said, “I went to work that morning and received a call saying my son had fallen in an open pit and drowned. I couldn’t believe what I heard. He was a very smart kid. His five siblings and mother miss him dearly. I will fight for justice for my son.”