The Delhi high court on Wednesday dismissed the anticipatory bail pleas of two directors of a private firm allegedly linked to a fatal excavation accident in west Delhi’s Janakpuri earlier this month, concluding that a young life had been lost due to human negligence and a complete disregard of duty.

A bench of justice Swarana Kanta Sharma refused to grant pre-arrest bail to the two contractors – Himanshu Gupta and Kavish Gupta – noting that the incident in question was a “preventable accident”. The two were directors of the firm awarded the contract by the Delhi Jal Board (DJB).

The court stated that the accident occurred as a result of a breach of mandatory duties and the absence of essential safety measures at the site. These included inadequate safeguards to prevent a person or vehicle from falling into the excavation, the non-availability of necessary rescue equipment, the absence of first-aid facilities, and the failure to ensure prompt intimation and intervention by the police and medical authorities.

Public roads, the court in its order said, cannot be allowed to be converted into death traps, reduce human life to collateral damage or contractual work and evade responsibility thereafter.

“In the court’s view, it was a preventable accident, and the negligence as well as the knowledge of the likelihood of such an incident taking place stares hard from the facts of the case. It is high time that citizens of Delhi are no longer taken for granted and that their lives are valued. Incidents, such as a present one, cannot be treated as a violation of the terms of the contract, rather the loss of an innocent young life, a member of the community, must be acknowledged and mourned,” the court said.

It added, “When a pit measuring about 20 feet in length, 13 feet in width and 14 feet in depth is dug in the middle of a busy road, in utter violation of the tender and traffic police conditions, with no blinkers, barricades or safety measures, and no safety equipment, it would inevitably result in an untoward incident.

The incident occurred on the intervening night of February 5 – 6, when Kamal Dhyani, a private bank employee in Rohini, fell into a sewer pit dug by the Delhi Jal Board and suffered fatal injuries. Police said he remained trapped for nearly eight hours and alleged that subcontractor Rajesh Kumar Prajapati and others were aware but failed to promptly alert authorities or initiate rescue efforts.

Arrest warrants were later issued against Himanshu and Kavish, whose anticipatory bail pleas were rejected. In their petition, the accused claimed they were suspended directors of the private company and lacked authority to act on its behalf. They argued that the incident occurred after their suspension and, therefore, no vicarious liability could be attributed to them.

Opposing the plea, the Delhi Police, through additional public prosecutor Naresh Kumar Chahar, submitted that CCTV footage showed no safety measures at the excavation site. The investigation revealed that the subcontractor informed the accused at 1.56am, after which they remained in contact.

In her order, the judge also noted that the sub-contractor Prajapati had informed the accused about the incident on the same night itself; however, they did not inform the police, nor did they take immediate steps for medical help, and the victim lay in the pit struggling for his life.