Two months after an 11-year-old boy died after falling in to an open drain, the police are yet to lodge an first information report (FIR).
The Bombay high court on Wednesday pulled up the police and ordered them to file the FIR in the case immediately.
On November 11, 2010, Tushar Jadhav had fallen into an open drain at Worli while playing with a friend. It took six hours to pull his body out, because the fire brigade and BMC personnel could not locate him.
Tushar’s father, Shailesh, repeatedly approached the police asking them to lodge a complaint, because his son did not die of natural causes. However, the police paid little heed to his request.
As there was no action by the police, Shailesh filed a petition in the high court.
Shailesh’s advocates – Bhavesh Parmar and Chitra Gosavi – said the police should have lodged either an FIR for negligence or an accidental death report.
Parmar said the drain was left open which resulted in Tushar’s death. The person in charge is supposed to ensure such incidents do not occur or he has to face action, Parmar said.
A division bench of justice AM Khanwilkar and justice AR Joshi asked the police to lodge the FIR observing: “Which authorities or personnel should be held responsible is a matter of investigation.”
The judges further said: “We fail to understand why the police failed to register an FIR because it was inevitable due to commission of a cognisable offence.”
Additional public prosecutor, Dinesh Adsule informed the court that the police was conducting an inquiry into the matter and had sought some information from the Brihanmumbai Municipal Corporation (BMC).
Senior police inspector, Sudhir Mhadik who was summoned by the high court assured the court that the FIR would be lodged in the course of the day.
Mhadik later told the HT that they are in the process of lodging an FIR. “An FIR under section 304(A) [causing death due to negligence] will be lodged,” said Mhadik.