JOIN USCourts can help when govt agencies duck responsibility
Citizens should approach the courts if government agencies blame one another and escape criminal liability for road deaths, say lawyers.
Khursheed Ahmed, 75, met with an accident on the Manganahalli Main Road, near Visvesvaraya Layout, and died on Monday. The BDA and the BWSSB are pointing fingers at each other for the poor condition of the road.
Ahmed was driving a four-wheeled mobility scooter when it hit a trench on the road. Dug up for laying a water pipeline, the road was not fully restored by the BWSSB, according to BDA officials.
S Umesh, public interest litigant and lawyer, says citizens should first write to the BBMP commissioner.
“He will have to clarify whether the road comes under the BBMP or BDA. After that, file a case against the engineers responsible for the area, ward, and jurisdiction. Party respondents will be the BBMP and BDA here,” he explains.
Advocate Indra Dhanush M A says after a complaint is lodged with the government agency, simultaneously a police complaint is also lodged against the agencies and road engineers, and one can also approach the courts.
The High Court has issued a number of directions and orders to the government agencies to fill up all potholes. Not attending to potholes amounts to contempt of court, Dhanush observes.
Citizens can press criminal charges at the police station and also file for compensation at the High Court, says Jayna Kothari, senior advocate.
“You could also try taking action within the authority itself. This includes using the grievance redressal forum, filing a petition individually or as a public interest case, or registering a complaint on a portal. The BBMP already has one that can be used,” she says.
If the BDA and the BWSSB are passing the buck, citizens must go after both of them. Since they can’t hold anyone responsible on their own, they should let the courts decide, she says.
The High Court has repeatedly reminded the BBMP to fill potholes. “While this might play in one’s favour, it still has to be proved that the death was caused by the pothole,” she says.
According to advocate Siji Malayil, in a case where the agencies aren’t owning responsibility, the chief secretary of Karnataka can be named as a party. “If you want action immediately, go on a war footing,” he says.