HC refuses to quash FIR against contractor

August 02, 2016 12:00 am | Updated 05:37 am IST - NEW DELHI

: The Delhi High Court on Monday refused to quash a criminal case against a contractor whose alleged negligence in adopting safety measures at a construction site had led to the death of a labourer.

The case dates back to December 2015, when 65-year-old Badri Prasad, a labourer, died during the excavation of a basement in New Friends Friends Colony here. Several others had been injured in the incident. Investigations had revealed that the construction was being carried out without any safety measures.

Although an FIR was registered against the contractor, he had sought quashing of the same on the basis of settlement arrived at with the affected labourers and payment of compensation of Rs. 4.5 lakh to the family of Badri Prasad.

The court, however, refused to quash the FIR stating, “This would certainly send a wrong signal not only to the petitioner (contractor), but also to the society. Builders, contractors and agencies engaged in undertaking construction work would get away by paying compensation to the heirs of the injured/ deceased, even if they are grossly negligent in taking measures so as to prevent accidents,” said Justice Vipin Sanghi.

The court further said such contractors/ builder/ agencies found it more economical to risk the lives of their workforce and pay compensation than to take safety measures.

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