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In the order passed by the high court on August 9, the bench had directed the Collector of Thane to inquire whether the death was due to the potholes
The Bombay High Court on Tuesday pulled up the State Government for failing to initiate an independent investigation into the death of a motorcyclist who allegedly lost his life due to road potholes.
The division bench comprising Chief Justice Devendra K Upadhyaya and Justice Arif Doctor was hearing a contempt petition filed by Ruju Thakker who alleged that the state government was in violation of a court order passed during the Public Interest Litigation of 2018 wherein the government was directed to fill the potholes in the city.
In the order passed by the high court on August 9, the bench had directed the Collector of Thane to inquire whether the death was due to the potholes.
The State Government on Tuesday filed the report of the collector before the division bench.
Upon perusing the report the bench found that there was no independent inquiry conducted by the collector instead, he had only relied on the statements recorded by the police under section 161 of CrPc.
"What kind of inquiry is this? Should I read it before you? Did you do any inquiry? Commissioner of Thane says an accident took place between a truck and a bike which comes under such and such jurisdiction. You are concerned about the jurisdiction of the police? Except for mentioning what was reported to him by the municipal commissioner and police what has he done?" The court said.
The bench further admonished the state government and said that the collector did not verify the statements recorded by the police.
"What is this finding? Where is the inquiry by him? Did you send any official to conduct an inquiry? Did he care to verify the statement recorded by police under section 161? You know the background in which we passed our order" the bench said.
Advocate Ruju Thakker appearing in person informed the bench that the statements of the eye witnesses were identical.
Upon request of the government pleader, the bench granted time to the collector to file an affidavit.
"The findings are not independently inquired. It could have been inquired by subordinate officers. We are not satisfied with the report. The government pleader says a better affidavit will be filed. Thus we direct the collector to file another affidavit after conducting an inquiry either himself or depute some senior officer," the bench said
Case title: Ruju Thakker vs State of Maharashtra
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