Mumbai: Observing that state govt is responsible for safety at public beaches, Bombay High Court on Thursday quashed and set aside an FIR registered against trustees and staff of a Pune college following the Feb 2016 drowning of 14 students during a picnic at Murud beach in Raigad.
“It is unfortunate that every time a tragedy involving the loss of multiple lives occurs, it is followed by widespread public outcry. However, effective implementation of safety norms and other preventive measures continue to remain a matter of serious concern,” said Justice Milind Jadhav.
The FIR was registered on the complaint of the father of a deceased student against 17 persons, including five trustees of Abeda Inamdar Senior College, the in-charge principal, three assistant professors, peons and lab assistants, under IPC Section 304A (causing death by negligence).
On Feb 1, 2016, out of 116 Computer Science students, 41 ventured into the sea between 3.30 pm and 4 pm. Around 20 students were swept away. Six were rescued; 14 lost their lives. Advocates Niranjan Mundargi and Sidheshwar Biradar, for the trustees and staff, argued that vicarious liability cannot be foisted on them. Biradar said there were three buses for first-, second- and third-year students. While FY and SY students returned safely, 14 who drowned were TY students.
Prosecutor Rajeshree Newton said their deaths were due to negligence of the 17 applicants who were responsible for ensuring safety of students.
Justice Jadhav noted the trustees were not at the picnic and some staff accompanied first- and second-year students and returned safely. The remaining four staff, including two professors, had accompanied 41 TY students who were all adults. The judge said TY students “being mature ... can be reasonably expected to understand the likely consequences of their own actions.” Unfortunately, the 14 deaths were an “accident” and in the absence of material establishing direct/proximate connection leading to their deaths, they cannot be held liable for negligence.
Justice Jadhav said vicarious liability cannot only be directed towards teachers, managements or educational institutions, trustees when a mishap occurs in a public place. “It is also equal responsibility of the govt to provide safety measures and correspondingly to be held responsible vicariously,” he added.
He opined that govt should make a blueprint of all crowded sea water beach fronts and “implement a uniform policy” for display of signage/warnings and sanction funds for rescue measures, etc. This exercise will be beneficial “to society at large and it showcases a sign of a progressive nation.”
