Indicating authorities' lackadaisical attitude towards checking stray cattle menace in the city, the UT police have now made a statement that “no one can be held responsible” for deaths caused by them.
This was submitted by the police while filing a reply to the petition filed after the death of 26-year-old Avinash Kumar who was hit by a stray cattle last year, seeking registration of FIR against then mayor Subhash Chawla, municipal commissioner VP Singh, joint commissioner Rajiv Gupta and area councillor Harphool Kalyan for putting commuters' lives in danger by failing to eradicate stray cattle menace.
Kumar was riding his motorcycle when he rammed into a stray cattle near Sector 45 late on the night of August 16, 2013. The sole breadwinner of his family, Kumar worked for a beauty salon and was returning home from work that night.
He was taken to a hospital by sub inspector (SI) Balbir Singh, where he succumbed to his injuries on August 20. This was the second incident in 2013, and was followed by another death by stray cattle a day later.
Sector 34 police station SI Balbir, while submitting report before the court on Thursday, said, "Since Avinash collided with a stray cow, no one can be held responsible for negligence and lapse."
The case will now come up for hearing before judicial magistrate Harpreet Kaur on Saturday.
Following Avinash's death, advocate Pankaj Chandgothia had filed a petition on behalf of his family and contended before the court that the in-charge of Colony Number 5 police post had refused to lodge a first information report (FIR) and kept the complaint confined to a daily diary report (DDR).
Chandgothia argued that offences under sections 283 (dangerous obstruction on pathway), 289 (negligent conduct with regard to animal) and 304A (causing death by negligence) of the Indian Penal Code (IPC) were clearly made out against the mayor, commissioner, additional commissioner, joint commissioner, and area councillor. “The charge of negligence was also made out against MC officials as they had failed to remove stray cattle even after a court order on September 21, 2012, by judicial magistrate TPS Randhawa,” he added.
Chandgothia contended that Avinash's death was the direct result of the negligence of the MC and its officers who violated court orders.