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Delhi biker death: Directors of private firm awarded contract by DJB join probe
Himanshu Gupta and his brother Kavish Gupta were given interim protection from coercive action the Dwarka Courts on Tuesday, condition their cooperation.
NEW DELHI: The investigation into the death of a 25-year-old man who fell into an open excavation pit in Janakpuri ramped up on Wednesday after the directors of the private company that was awarded the contract by the Delhi Jal Board (DJB) for laying sewer lines in the area joined the probe, as ordered by a Delhi court.
Himanshu Gupta and his brother Kavish Gupta were given interim protection from coercive action the Dwarka Courts on Tuesday, condition their cooperation. A day later, a senior police officer, aware of the development in the case, said the brothers were questioned for 7-8 hours regarding the incident, particularly why they did not inform police or any other government agency despite being made aware of it by the sub-contractor, Rajesh Kumar Prajapati.
“They mostly remained evasive during the questioning. Even as they were allowed to go home in the evening, the IO may ask them to join him for questioning again, if required,” said the officer. The incident occurred at around 12.15am on Friday, when Dhyani fell into a 4.5-foot-deep pit during his commute home to Kailashpuri in Palam Colony from his workplace in Rohini. Police investigations have revealed that he remained trapped in the pit for at least eight hours, and that at least six people, including Himanshu Gupta, were allegedly aware of the incident but failed to inform the authorities. Prajapati and labourer Yogesh have been arrested and are currently in judicial custody. A security guard and a passerby who also allegedly knew of the incident remain at large.
On Wednesday, the Dwarka Courts refused to grant bail to Prajapati in the case, observing that the incident involved the loss of a human life, caused due to serious lapses and negligence in ensuring safety precautions.
Judicial Magistrate First Class Harjot Singh Aujla noted, “The allegations prima facie disclose serious lapses regarding safety measures and supervisory responsibility.”The court emphasised the need to balance individual liberty with societal interest and the requirement of an untainted trial, particularly in a matter where negligence in public works led to a fatality.
Prajapati, through his counsels Yogesh Aggarwal and Tushar Gupta, had argued for bail on grounds of presumed innocence, the absence of mens rea or intention which could be attributed to Prajapati behind the mishap. Acknowledging that the case was at an initial stage and the investigating officer was in the process of collecting relevant records pertaining to permissions, barricading arrangements, deployment of personnel and responsibility matrix, the court said that the possibility of Prajapati influencing local residents, labourers and project officials, could not be ruled out.
“Furthermore, documentary evidence concerning the execution of civic work is susceptible to alteration or manipulation, especially when the investigation is yet to crystallize the chain of responsibility,” the order read.
Prajapati’s counsel simultaneously moved another plea, which alleged his illegal detention on February 6. The counsels claimed that he was only produced before a magistrate two days later on February 8, violating guidelines, which required production of an accused before a magistrate within 24 hours after arrest. On this, the court directed the SHO of Janakpuri Police Station to file a detailed response to the plea along with the relevant CCTV footage from February 6 to February 8 on the next date of hearing on February 16. Meanwhile, the victim’s father, Naresh Chand, on Wednesday, criticised all government agencies. Speaking to media persons at his home, he said, “Whatever happened with my son was wrong, everybody is responsible ...in [the] administration. We should get justice, the people responsible should be dismissed from duties.”
