‘Colossal loss of human lives totally unacceptable’
*Says PDD treating electrocution cases as mere accidents
Mohinder Verma
JAMMU, Apr 27: In order to prevent deaths due to electrocution as well as bodily injuries, the High Court of Jammu & Kashmir and Ladakh has constituted a committee of senior officers of both the Union Territories to ensure effective implementation of Electricity Act, 2003 and Central Electricity Authority (Measures Relating to Safety and Electric Supply) Regulations, 2010 with the observation that death caused due to failure to follow electricity supply measures by concerned authorities infringes upon the indefeasible constitutional rights of the citizens.
While awarding compensation of Rs 10 lakh to the family members of casual labourer of the Power Development Department namely Jatinder Kumar, who died due to negligence on the part of officials of the department, Justice Wasim Sadiq Nargal observed, “the Electricity Act 2003 has been made applicable to Union Territory of Jammu and Kashmir with effect from October 31, 2019. Further, in exercise of powers conferred by Section 177 of the Electricity Act, Central Electricity Authority has enacted regulations for measures relating to safety and electric supply”.
“These rules have been framed with the object that while providing robust electricity infrastructure, safety measures are provided to prevent humans and animals from being electrocuted. However, this court has recently come across various cases, wherein, people died due to electrocution across Union Territory of Jammu and Kashmir”, Justice Nargal said, adding “it appears that deaths due to electrocution as well as bodily injuries due to electric shocks are ignored as mere accidents. Also it appears that safety measures, at all times, related to the installation of electricity infrastructure like installation of transmission lines and transformers are usually ignored”.
In order to save precious lives, Justice Nargal constituted committee of three members, headed by Commissioner/Secretary, Power Development Department and comprising of Chief Engineer, Power Development Department Jammu, Chief Engineer, Power Development Department Kashmir and Chief Engineer, Power Development Department, Union Territory of Ladakh.
“The committee shall meet twice every month and monitor/ensure implementation of statutory safety measures and regulations as enshrined in Central Electricity Authority (Measures Relating to Safety and Electric Supply) Regulations, 2010 in letter and spirit”, High Court directed, adding “it is a matter of common knowledge that maximum cases of electrical accidents arise due to live wires lying on the ground or hanging at arm’s length and overhead wires passing within reachable distance of human hands”.
In view of all these aspects, Justice Nargal has directed all the District Magistrates in Jammu & Kashmir and Ladakh Union Territories to ensure compliance of Regulation 58 of Central Electricity Authority (Measures Relating to Safety and Electric Supply) Regulations, 2010 within a period of three weeks, which provides for clearance above ground level of conductors of overhead lines including electricity service lines.
“The colossal loss of human lives and especially children is totally unacceptable, grim and heart rending, such unfortunate deaths continue to occur and the statutory regulations are being flouted with impunity which is the root cause of such deaths/accidents”, High Court observed, adding “Article 21 of Constitution ensures fundamental rights to each citizen of the country which are inalienable in nature and guarantees citizens right to live and to be treated as an individual of worth”.
“It is in this backdrop, all stake holders should affirm to a fact that payment of compensation cannot be a substitute for loss of life and limbs. Death caused due to failure to follow electricity safety measures by authorities infringes upon the indefeasible constitutional rights of citizens”, Justice Nargal said, adding “it is expected that directions shall be implemented forthwith without a fail in an endeavour to save and protect the lives of citizens”.
He further observed, “in the absence of safety measures, it can safely be presumed that authorities have the knowledge of danger which the live wires can cause and such negligence will be an act beyond mere mistake or excusable accident, which will fasten criminal negligence on concerned authorities”.
High Court directed Registrar Judicial, Jammu to forward the copy of this judgment to Commissioner/Secretary, Power Development Department, Government of Jammu and Kashmir, Chief Engineer Power Development Department-Jammu, Chief Engineer, Power Development Department Kashmir, Chief Engineer, Power Development Department, Union Territory of Ladakh and District Magistrates of all districts in Union Territories of Jammu and Kashmir and Ladakh for compliance.
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