New Delhi: A Delhi court has discharged former Assam MP Kirip Chaliha in a case linked to the death of a labourer during renovation work at a Vasant Kunj apartment in 2020, while holding that a prima facie case exists against the contractor. Additional Judicial Magistrate Neha Mittal, while deciding the discharge pleas, said liability under Section 304A IPC requires that a rash or negligent act be the direct or proximate cause of death. The court noted that there was “no iota of doubt” regarding the contractor’s negligence, citing his failure to provide safety gear to workers. However, it ruled that criminal liability could not be “vicariously imposed” on Chaliha as there was no evidence that the work was under his supervision or control. Chaliha’s counsel argued that the former MP, a permanent resident of Assam, had no role in managing or supervising the renovation and was not present at the flat during the incident. The case was registered on a complaint by Shahjamal Mandal over the death of Mosarul Gain. On June 1, 2020, Gain and the complainant were working at Kaveri Apartments in Vasant Kunj when a wall collapsed, injuring Gain, who later died.
