Mumbai: The Bombay High Court on Friday directed the BMC, State government and the Urban Development Department (UDD) to file its reply on its hearing a plea after gastroenterologist Dr. Deepak Amarapurkar was found dead in a drain on Thursday. He had been missing for 36 hours after heavy rain crippled the city on Tuesday.
On August 29, the 58-year-old had almost reached home from Bombay Hospital, but was stuck in his car due to waterlogging. When the flood showed no signs of abating, he started walking in waist-deep water but slipped into a manhole left open by local residents to drain the accumulating rainwater. Dr. Amarapurkar was identified by his family on August 31 by his clothes, watch and wallet.
A Division Bench comprising Chief Justice Manjula Chellur and Justice N.M. Jamdar was hearing a PIL filed by the Federation of Retail Traders Welfare Association. The plea filed by advocate Ashish Mehta sought for a criminal case against BMC Commissioner Ajoy Mehta and other erring civic officers under IPC section 304-A (causing death due to negligence). The association also wants the civic body, which boasts an annual budget of over ₹30,000 crore, be made to pay ₹50 lakh to a charitable organisation that works for the city’s welfare.
Among the pleas was one that sought for an advisory committee to be formed, comprising former bureaucrats and technocrats, to carry out a detailed inspection of manholes and suggest ways and means to ensure they work as desired. The Chief Justice told advocate Sujay Kantawala that the plea needs to be filed by Dr. Amrapurkar’s family. “We are pained that such an eminent doctor had to meet such a tragic and painful death, but there is a limit for PILs. You can be emotional, I cannot,” Chief Justice Chellur said.
The court asked the petitioners to file an FIR if they wanted an investigation. “Even though it is no one’s case and will not be registered, you can go and lodge a private complaint,” the Bench said. The traders’ group also wants the court to direct the BMC to spell out its policy on the working and operations of manholes to understand its effectiveness in dealing with fatal incidents.
Meanwhile, The Indian Medical Association’s Mumbai branch adopted a resolution that said it would be party to filing a PIL with respect to the death. Mr. Mehta has ordered a one-member inquiry committee to investigate and submit its report in 15 days.
