HC: Mkt owner can’t shirk responsibility of fire safety
Times of India | 29 November 2024
Kolkata: The Calcutta High Court on Wednesday refused to discharge the Bagri Market owner from a criminal case, stating that owners cannot "shirk" responsibility entirely for the fire safety of a building. The market was gutted on Sept 16, 2018.
Radha Bagri, owner of Bagri Market and the then director of Bagri Estates Private Limited, approached the bench of Justice Shampa Dutt (Paul), praying for discharge from the FIR filed against her under sections 120B and 436 of the IPC, as well as sections 11J, 11L, and 11C of West Bengal Fire Service Act, 1950.
She said she resigned on June 30, 2015. However, it was also mentioned that, on insistence, she remained as "an ornamental director" of the company. The prosecution also said that her resignation was not accepted.
Bagri said she appointed a fire fighting agency — Maxon Fire Engineering — in 2012 to ensure there was proper supervision of fire management services and fire fighting mechanisms. It was pleaded that despite her efforts, the fire broke out, causing loss to the market premises.
The magistrate dismissed her discharge from the case, stating that she tried to shrug off responsibility by saying she took adequate measures to maintain the fire fighting system but could not furnish any explanation on what measures were taken by her to look into the day-to-day activities. "Only by assigning the job to a fire engineering service, she cannot state the fact that the fire broke out from the place which was under the maintenance of CESC and there was no negligence on her part," the magistrate said.
Justice Dutt (Paul) upheld the magistrate's decision and stated that there was no doubt that the occupiers are also responsible for the safety of a building, which includes fire safety, but the owner cannot shirk their responsibility either.
The high court refused to interfere as it would be "sheer abuse of process of law" and the trial court was directed to proceed ‘expeditiously' as it relates to a case of 2018.