Shop owners exonerated in Kanakapura blast case
Bengaluru (PTI): Two shop owners from whose shop gelatin sticks were illegally purchased leading to the blast in Kanakapura in 2021, that killed one person, have been exonerated in the case.
The High Court quashed the case against Prakash Rao M and his son P Sunil Kumar, the shop owners after finding that they were not involved in the sale and it was one of their employees who had sold the gelatin sticks without their knowledge.
Rao and Kumar approached the HC with a criminal petition which was heard by Justice K Natarajan. The two were facing a case pending in the II Additional District and Sessions Judge court at Kanakapuara.
The case was registered at the Satanur police station under various Sections of the Explosive Substances Act and Explosives Act and Indian Penal Code.
A car parked in the Satanur police station limits was involved in a blast leading to the death of one person on August 16, 2021.
The deceased was one Mahesh who was carrying gelatin in his car. After investigation police filed a charge sheet in which Rao and Kumar were also named as accused as they were the shop owners where the gelatin was purchased.
The two contended before the court that they were not present in the shop when the alleged sale took place. A worker in the shop, Harish Kumar, who is also one of the accused, had sold it to the deceased Mahesh. No bill was also raised by the other accused. They claimed that they had no knowledge of the sale and therefore were not responsible for the crime.
The government advocate, however, contended that these two accused were licence holders and "they have no authority to sell to any other persons except the contractors who have obtained the contract for blasting stone in quarries."
The HC in its judgment noted, "Accused No.3/Harish Kumar categorically stated in the voluntary statement that in the absence of the owners, he used to sell the explosives without the knowledge of the owners and money received by him was spent on himself.
The accused no.3 who is employee has categorically stated that without the knowledge of the owners, he used to sell the same through accused No.2 and spent money on themselves without accounting to the petitioners/owners. Such being the case, the question of implicating this petitioner for having violated the license cannot be accepted."
Quashing the case against the two shop owners, the HC said, "Any offence committed by the servant cannot be said to be vicarious liability by the owners/ employer in the criminal law. Therefore, considering the facts and circumstances of the case, I am of the view that conducting criminal proceedings against the petitioners is an abuse of process of law. Hence, liable to be quashed."
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Kejriwal responds to EC, says water received from Haryana 'extremely poisonous' for human health
New Delhi (PTI): AAP chief Arvind Kejriwal on Wednesday responded to the Election Commission notice over his claim the Haryana government was "mixing poison" in Yamuna, and said raw water received from the BJP-ruled state in the recent past has been "highly contaminated and extremely poisonous" for human health.
In the 14-page reply to the Election Commission, the former Delhi chief minister said if such "toxic water" is allowed to be consumed by human population it would lead to grave health hazard and fatality.
Kejriwal said he only wanted to highlight the "urgent public health crisis" due to the quality of drinking water in the city, and he violated no law or Model Code of Conduct, hence the issue should be closed.
He said the "alleged statements" attributed to him were made as it was his public duty to red flag the "severe toxicity and contamination" of raw water received from the BJP-ruled state.
Following a complaint filed by the BJP over the matter, the Election Commission issued the notice to Kejriwal on Tuesday, giving him time till Wednesday 8 pm to furnish his reply.
Kejriwal also said the ammonia level in raw water received from Haryana was so "extreme" that water treatment plants in Delhi are unable to process and bring it down to safe and permissible limits for human consumption.
Following their party chief's response, the AAP issued a statement, saying, "It is an undisputed fact that there is 7 ppm ammonia in Yamuna water, A Delhi Jal Board CEO letter admits toxicity is 700 percent higher than the permissible limit."
In his response to the EC, Kejriwal also alleged that Haryana's "failure" in controlling pollution in Yamuna has resulted in an "unprecedented public health crisis" in Delhi. He alleged "indiscriminate" discharge of industrial waste in the river by the state.
The AAP supremo said Haryana is an upper-riparian state and Delhi, ruled by his party, has no role to play in the high level of toxic water being made available to the city.
"Due to such high level of toxic content in the raw water supplied by Haryana, the water treatment plants in Delhi are operating below capacity and there is a shortage of treated water in Delhi," he claimed.
Saying that access to clean water is a basic human right, the AAP chief asserted that raising this critical issue cannot be considered an offence.
"The said statement by no stretch of the imagination can be termed inciting enmity between different groups or prejudicial to national integration," he said.
On the contrary, the substance and purpose of these statements are rooted solely in the public interest, aimed at highlighting a legitimate civic concern that requires urgent institutional intervention, he asserted.
He requested the EC to intervene in the matter and issue appropriate directions to Haryana so safe water is made available to the people of Delhi.
