Diluting Adore Aspire Case? IPC 304A Instead Of 304 Sought

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Diluting Adore Aspire Case? IPC 304A Instead Of 304 Sought

| Updated: October 6, 2022 15:02

Fingers are being pointed at Ahmedabad police yet again who are being seen as siding with builders responsible for the death of seven labourers in their plush under-construction site Adore Aspire-II near Jahnvi restaurant in Gujarat University area of Ahmedabad.

The dead included Sanjay Babubhai Nayak, Jagdish Ramesh Nayak, Ashwin Sombhai Nayak, Mukeshbhai Bharatbhai Nayak, Ramesh Bharat Nayak, Rajmal Suresh Khalladi and Pankaj Shankar Khalladi, all from tribal areas of Panchmahals.

People had noticed that instead of the builders being booked for negligence, only three contractors were arrested. As such, if interpreted correctly the comprehensive general development control regulations (CGDCR), enacted by the state government in 2017 would have put the blame on six people concerned including the developer or owner, the structural engineer, the site engineer, the architect, the clerk of works, and the fire emergency team appointed for the construction site. However criminal charges had only been brought against the contractor.

Now taking umbrage behind the fabled “public memory is short” dictum, the police are trying to further dilute the horrendous accident. It has sought to change the apply section 304A instead of the currently applicable 304 of IPC.

As per 304A (Causing death by negligence) whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Whereas as per 304, whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

The builders and contractors had tried to do “damage control” and “settlement” from the beginning. Questions were being raised on why the Ahmedabad police have not been booking them for manslaughter.
The Local MLA also had rushed to the spot immediately after the incident. Allegations are being heaped on some senior police officers who are believed to be working in conduit with the builders.

Metro court has asked the petitioners to produce an affidavit to the effect. The hearing is scheduled for 17th October

Also Read: No Action Against Addor Aspire Builders Even 72 hours After 7 Labourers’ Death.

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