SC clears decks for prosecution of former Karnataka Minister Murgesh Nirani's son in fatal accident case

New Delhi: The Supreme Court on Tuesday cleared the decks for prosecution of Vijay Nirani, entrepreneur and son of former Karnataka Industrial Minister Murgesh Nirani, and others in a case related to operation of an effluent treatment plant, without permission, resulting in a fatal accident that killed four people and critically injured 8 others.

A bench of Justices Sanjay Karol and Sandeep Mehta set aside the Karnataka High Court's order of July 26, 2023, which quashed the proceedings in the matter due to lack of sanctions.

On a plea filed by the Karnataka government, the apex court held that the sanction is not necessary in the case.

The court sent back the matter to the trial court for further proceedings.

Advocate Anil Nishani filed an intervention application in the Supreme Court, which was allowed.

As per facts of the matter, M/s Nirani Sugar Ltd, belonging to ex Industrial Minister of Karnataka Murgesh Nirani, was operating an Effluent Treatment Plant (ETP) without permission, which resulted in the accident.

The inspector filed a complaint against Director Vijay Nirani and others in 2019.

Nirani, director of M/s Nirani Sugars Ltd and M S Hattikal, technical director were prosecuted for the offences punishable under Sections 83, 3(1) of Karnataka Factories Rules, 1969 and Section 7A, 2(A) and 92 of Factories Act, 1948.

They approached the High Court, stating civil liability has been satisfied.

The High Court noted, no previous sanction has obtained before launching the prosecution against petitioners and thereby the very initiation of criminal proceedings stood vitiated.

"Accordingly, continuation of the criminal proceedings would amount to abuse of process of law. Hence, a case is made out for quashing pending criminal proceedings," the HC had said.

Taking note of the payment of compensation to the dependents of the deceased employee and for want of previous sanction, pending criminal proceedings on the file of Principal Civil Judge and J.M.F.C., Mudhol is hereby quashed by allowing the petition, the HC had said.