The Indian Express reviews the cases the High Court referred to:

📌 May 24, 2019

Takshashila Arcade fire in Surat

Victims: 22, of which 18 were women in 18-22 age group

A major fire broke out in a commercial building, Takshashila Arcade, which had several coaching classes and businesses, in Sarthana area of Surat. The coaching classes were held on the top floor, which had illegal constructions. Most of the deceased were students.

The Sarthana police booked the manager of the coaching centre as well as owners of the commercial complex under sections 304 (culpable homicide not amounting to murder), 308 (attempt to commit culpable homicide), 114 (abettor present when crime is committed), 308 (attempt to commit culpable homicide), 465 (punishment for forgery), 467 (forgery of valuable security, will etc), 468 (forgery for purpose of cheating) and 471 (using as genuine a forged document or electronic record) of the Indian Penal Code (IPC) on the same day of the incident.

Two fire officials were suspended immediately and the Gujarat government initiated an inquiry under then Principal Secretary (Urban Development) Mukesh Puri.

Following this, Surat Crime Branch’s Assistant Commissioner of Police R R Sarvaiya carried out a probe and arrested 14 people, including fire officers, deputy engineer of Dakshin Gujarat Vij Company Limited and Surat Municipal Corporation engineers.

All the accused are now out on bail. The Surat Police filed a 4,275-page chargesheet, which includes statements of witnesses, eyewitnesses and reports from forensic science laboratory.

During investigation, it was found that there was only one entry and exit inside the complex, which caught fire first, as a result of which people who got trapped could not escape. Many students jumped from the third floor in a bid to save their lives but met with death.

Four cases are being tried at a Surat city district and sessions court, of which three are at the stage of evidence of prosecution while another is pending at the stage of framing of charges.

The fire at Patel Welfare Hospital in Bharuch on May 1, 2021 had killed 18. File

📌 August 8, 2020

Shrey Hospital Fire in Ahmedabad

Victims: 8

Eight Covid-19 patients in the 42-82 age group, including three women, died trapped in a fire at the hospital’s ICU. The building was largely permitted for residential use before it started operations as a health facility in 1999, and illegal constructions were also made, which were regulated only in 2016, under the Gujarat Regularisation of Unauthorised Development (Impact Fee for regularisation of illegal properties) Act.

An accidental death report was filed in the immediate aftermath of the event by the Navrangpura police in Ahmedabad. Four days after the incident, then chief minister Vijay Rupani announced a judicial probe.

The FIR was lodged on August 10 against trustee and administrator of Shrey Hospital, Bharat Mahant, under under sections 304A (culpable homicide not amounting to murder), 336 (negligent or rash act to endanger human life), 337 (causing hurt to a person by doing rash or negligent act that endangers human life) and 338 (causing grievous hurt by act endangering human life) of IPC.

An advocate at Gujarat HC, Amit Panchal, moved a public interest litigation (PIL) following the incident, seeking strict implementation of fire safety measures, in compliance with past court orders and existing laws. Subsequent proceedings in the PIL had revealed serious lapses in implementation of fire safety measures, including over 5,000 schools in the state operating without valid fire safety no objection certificate (NOC). Mahant was later released on bail.

A criminal case trial is ongoing before a magistrate court in Ahm-edabad against three accused.

📌 November 27, 2020

Uday Shivanand Hospital Fire in Rajkot

Victims: 5

A fire broke out in the hospital’s ICU, leaving five patients dead and six injured. The blaze was the result of an explosion in the humidifier of the Rajkot-based Jyoti CNC, manufactured Dhaman ventilator.

An FIR was lodged under sections 304A (causing death by negligence) and 114 (common intent) of the IPC at the Malaviyanagar police station and a special investigation team (SIT) was set up to probe the case. Five persons were arrested, including directors of the parent company Gokul Life Care Private Limited and two doctors. All are out on bail.

The state went on to institute an inquiry into the incidents of fires at both Shrey and Uday Shivanand hospitals by a commission chaired by (retired) Justice D A Mehta.

📌 May 1, 2021

Patel Welfare Hospital fire in Bharuch

Victims: 18, 11 of them women

A fire in the hospital, a Covid-19 facility, killed 18 people in the 22-55 age group, including two nurses. The hospital did not have valid fire NOC or building use permission for the building where the fire had occurred. The primary cause of the fire was determined to have been due to a spark in a ventilator in the ICU.

The police initially registered a case of accidental death and it was only on May 13 that offences were registered against the trustees of the hospital with Bharuch B Division police station under sections 304A (causing death by negligence), 336 (endangering life or personal safety of others), 337 (causing hurt by act, endangering life or personal safety of others) and 114 (abettor present when offence is committed) of the IPC.

The criminal trial is pending before a magistrate court in Bharuch at the stage of pleadings.

An inquiry commission set up under retired Justice D A Mehta primarily pulled up not only the hospital management for “gross and wilful negligence” but also held the chief district medical officer to be at fault for approving the hospital to be used as a Covid-19 facility despite not being an authorised structure. The commission recommended the state to undertake a “serious relook” at the policy of regularising unauthorised construction, especially in cases of nursing homes and/or hospitals.

📌 October 30, 2022

Jhulto Pul Collapse at Morbi

Victims: 135, 55 among them children

The century-old bridge had permitted visitors well beyond its capacity. It had recently undergone shoddy repair works, which did not adhere to engineering standards. No structural stability assessment was done either post the repair works.

An FIR for the offence of culpable homicide not amounting to murder (IPC sections 304 and 308) was lodged at the B Division Morbi city police station on October 30, naming as accused the “jhooltapul (suspension bridge’s) maintenance agency”, “management agency” and other accused that may be revealed during the course of investigation.

Subsequently, 10 people were arrested, including Jaysukh Patel, the MD of Oreva Group, which was maintaining and operating the bridge. He was granted bail by the Supreme Court on March 22 this year.

The incident triggered a suo motu litigation at the HC, which led to the government taking stock of bridges across the state, revealing severe lacunae. The government also constituted an SIT to probe the case. The trial is pending before a sessions court in Morbi.

📌 January 7, 2023

Death in an apartment building in Ahmedabad

A 17-year old girl was killed after fire broke out at a multi-storey apartment in Shahibaug. The girl reportedly died after being trapped inside a room. Two other persons who were in the apartment at the time managed to escape. A case of accidental death was registered.

📌 July 30, 2023

Fire at Rajasthan Hospital in Ahmedabad

As many as 106 patients had to be shifted to other hospitals as a precautionary measure after a fire broke out in the hospital, purportedly by a spark caused by a short circuit in the building’s basement. No casualties were reported. No FIR was lodged.

Harni boat capsize

📌 January 18, 2024

Boat capsizes in Harni lake in Vadodara

Victims: 14, of which 12 were children

A boat capsized on Motnath Lake in Harni, killing 14, including 12 children and two teachers, who were out on a picnic. An FIR was lodged the same night at Harni police station, booking 18 people under sections 304 (culpable homicide not amounting to murder), 308 (attempt to culpable homicide), 337 (rash or negligent act endangering human life) and 114 (abettor present when crime committed) of the IPC.

A day later, the Vadodara Police commissioner set up an SIT. Additionally, the HC took suo motu cognizance of the incident and pulled up VMC for absolving itself of responsibility and accountability.

In all, 21 people were booked and 20 arrested, as one of the accused, Hitesh Kotia, was found to be deceased. In May, a local court granted bail to 14 of the 20 accused. Among the accused, seven continue to be in judicial custody after their multiple bail pleas were rejected.

The VMC, on February 5, issued notices to six officials – four from its futuristic planning cell that awarded the work order to Kotia Projects as well as east and north zone officials.

The officials who were served the showcause notices included the cell’s executive engineer Rajesh Chauhan, who is also the complainant in the case. While the service of an additional assistant engineer of the cell was terminated, another additional assistant engineer (north zone) was suspended.

Last week, the VMC served a notice to three more of its officials, including the head of then futuristic department as well as two engineers.

(WITH ADITI RAJA IN VADODARA, KAMAAL SAIYED IN SURAT)