Deesa fire tragedy: Kin move SC, seek Rs 2 crore compensation per victim, probe outside Gujarat
While moving the top court, the victims' kin mentioned the infringement of Article 21 of the Constitution of India, which guarantees 'protection of life and personal liberty'.
The Supreme Court has issued notice to the respondents, including the Chief Secretary of Gujarat, returnable on September 26. The Supreme Court Division Bench of Justice Surya Kant, Justice Dipankar Datta and Justice Nongmeikapam Kotiswar Singh issued the notice to the respondents on July 31, after admitting the petition filed by Chandar Singh Nayak, from Madhya Pradesh's Devas village, who works as a labourer in Ahmedabad, and has lost six family members in the tragedy. The State of Gujarat, through the Chief Secretary as well as the Home Secretary as well as the Regional Fire Officer of Gandhinagar, District Collector of Banaskantha and the Sub-Divisional Magistrate of Deesa are respondents to Nayak's petition before the SC.
On April 1, when a fire broke out in the illegal firecracker manufacturing facility, comprising six warehouses in Deesa, Nayak lost his daughter, son-in-law, siblings of son-in-law, and mother-in-law of his deceased daughter in the incident. In his petition, filed through Advocate Utkarsh Dave, Nayak has informed the court that the firecracker warehouse ran without proper licensing, sale permissions, fire safety equipment and regulatory insights.
'A majority of the deceased migrant workers, who were brought by the warehouse owners from the neighbouring state of Madhya Pradesh, worked in the firecracker factory without any formal contract, with no or minimal safety measures and equipment,' the petition states, enlisting four similar incidents that have occurred in Gujarat since 2023, including the April 20, 2023 blaze in a firecracker factory in Aravalli, in which four labourers were killed as well as a fire in Bapunagar godown storing firecrackers without permission in Ahmedabad on May 10, 2023, that caused injuries to some persons. The petition also lists the death of two persons in a blast in a firecracker factory in Ahmedabad's Vanch on April 21, 2024 that killed two as well as the May 25, 2024 Rajkot TRP gaming zone fire.
'Several persons lost their lives and many others suffered serious injuries to their person and property in these incidents due to the repeated failure of the State authorities who failed to keep a check on these illegal activities and, therefore, are jointly and severally liable to pay compensation to the kin of the victims and injured persons… In such cases, the state must see that the victims do not remain in the constant state of suffering and despair…' the petition states.
Seeking a higher compensation of Rs 2 crore each for the families of the deceased victims and Rs 50 lakh to the injured victims, the petition states, 'It is submitted that the Central Government and the State Governments of Gujarat and Madhya Pradesh announced paltry compensation amounts of Rs 2 lakh, Rs 4 lakh, and Rs 2 lakh respectively to the next of kin of the deceased persons and Rs 50,000/- each for the injured by overlooking the fact that a majority of the victims were the sole bread earners of their respective families…'
The petition seeks 'directions' for the state government to 'immediately locate and carry out an inspection of all the firecracker manufacturing units in the State of Gujarat in respect of compliance with applicable fire safety norms' under prevailing laws.'
Advocate Dave said that the petition seeks investigation into the role of the state officials, who have 'shown extreme administrative lethargy and even complicity despite judicial interventions'.
Dave said, 'Gujarat has seen several tragedies in the past that have caused loss of lives due to negligence of authorities and repeated failure of the officials working in state government. Our petition is seeking that the amount of compensation should be enhanced, which can bring a life of dignity to the kin of the victims, if not closure in the matter… In the specific case of Deesa, we have sought that the investigation should be conducted by officers from outside the state of Gujarat so that the state government officers responsible for the tragedy are not given scope to escape the law.
A total of 21 people had lost their lives in the tragedy. The warehouse owners were illegally manufacturing fireworks in the said premises. An FIR was lodged in the case in Deesa Rural police station.
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