AHMEDABAD: A city sessions court has acquitted three persons who were charged in connection with the death of a sanitation worker after he fell into the manhole. This, because the police did not gather evidence about the worker’s employment with an agency that was contracted by the Ahmedabad Municipal Corporation (AMC) to clean its sewage lines.
In this case, one Dalsukhbhai Chavariya died after he entered a manhole at Jamalpur Chakla on the night of June 12, 2018. His elder brother lodged a complaint stating Chavariya lost his life due to criminal negligence on part of the contractor and AMC officials, who had neglected a 2007 government resolution prohibiting any person from being compelled to enter a manhole.
He alleged that the deceased was working on a contract basis for one Darpan Valmiki Samiti, which had AMC’s sewage cleaning contract. Samiti’s contractor Altafhussain Thakor and two AMC officials Girishbhai Chauhan and Amrutbhai Prajapati were booked by Gaekwad police under section 304 (culpable homicide not amounting to murder) and for violation of the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013. The victim’s brother sought action against the responsible persons. . He claimed that the agency had made the sanitation worker enter the manhole despite assurance given to the AMC about following the 2007 GR.
During the trial, the complainant’s brother and other family members did not support the prosecution's case. Moreover, the investigating officer did not place any evidence regarding Darpan Valmiki Samiti having received AMC’s contract and about Chavariya’s contractual employment with the agency. This resulted in the acquittal of three accused. In its order, the court mentioned that the investigator could have supplied evidence about the agency’s contract with the AMC for sewage cleaning and produced the worker’s ID card and PF details to establish that he was employed with the agency. Even the 2007 GR was not placed on court’s record.
The court further said that it was established by medical evidence that Chavariya’s death occurred due to asphyxiation after he entered the manhole. However, there was no evidence linking his employment with the agency and so it could not be proved he was made to enter the manhole.
