SC chided the Union home ministry for attempting to wriggle out of its vicarious liability in the capital's Uphaar cinema tragedy that claimed 59 lives.
The supreme court today chided the Union home ministry for attempting to wriggle out of its vicarious liability in the capital's Uphaar cinema tragedy that claimed 59 lives and said it cannot be "let off lightly" for the lapses.
While it is true that the theatre owned by the Ansal brothers was principally responsible for the tragedy, yet the statutory authorities cannot abdicate their liability by passing on the buck to the management, a bench of justices RV Raveendran and KS Radhakrishnan said.
"We agree that they (management) should not get out lightly. But there is another contention whether you should be let off lightly," the bench snapped at additional solicitor general Indira Jaisingh appearing for the home ministry.
The apex court made the observation while dealing with the appeal filed by the government and the theatre management challenging the Rs18.5-crore compensation awarded to the bereaved families and injured victims by the Delhi high court
on April 24, 2004.
"How do you escape liability and if there was violations you did not take action. If you had taken action then it (mishap) would not have happened. Should the department be allowed to go without any liability," the bench asked the government. The government had taken the stand that it cannot be compelled to pay compensation to the victims as the June 1997 tragedy occurred due to certain illegal activities perpetrated by the theatre management.
The apex court, however, rejected the argument and said prima facie it was clear that the various authorities like the MCD, Home Ministry (DCP Licensing) and the Delhi Vidyut Board, had failed in their duty to accord proper inspection of the theatre, which culminated in the tragedy.
"Every year you are supposed to inspect. Has it been done? You have to explain. Why did you give them license then?
"Supposing someone dies in a police station, we do not blame the government for the incident but police officers are held responsible. It is not that we are holding the sovereign responsible. But some of the officials are responsible," the bench said.
The apex court further suggested that the government can explore the option of giving out some amount in the form of an ex-gratia to the bereaved families and victims to earn their goodwill.
The bench said such a payment would also save the government of its apprehension that if compelled to pay compensation it may set a precedent.
"You may decide to pay ex-gratia if not compensation. So that you can earn goodwill. In that way your apprehension is that it will set a precedent for other cases will also not be there," the bench said.
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