(UNI) The Bombay High Court has upheld a Magistrate court order, issuing prosecution process against senior citizens and managing committee members of a housing society, for failing to maintain fire fighting equipment in their building.
In a recent order, the court ruled that they could not escape criminal liability merely because they were senior citizens.
On a complaint filed by Brihanmumbai Municipal Corporation, a magistrate had issued process (initiating prosecution) for offences against 70-year-old Pishu Mahtani and others under the Maharashtra Fire Prevention and Life Safety Measures Act.
As most of the managing committee members were senior citizens, they felt aggrieved and filed a petition in the High Court challenging the process issued against them on the various grounds which include that they are senior citizen therefore the order of the lower court should be set aside.
Upholding the magistrate order, Justice S C Dharmadhikari, in his detailed order noted that the magistrate has not exceeded his limits in summoning the petitioners and merely because they are senior citizens, they cannot escape criminal liability, The order, however, said the magistrate may not insist on their attendance in court every day during the trial.
The magistrate will not insist on their attendance in person every day on which the trial is being held by him.
He will give them appropriate concessions and exemptions, the judge noted.
Equally, merely because he has summoned them does not mean that he is obliged to convict them and more so because the order issuing the process is confirmed by this court, Justice Dharmadhikari further observed.
'I am satisfied that the order issuing the process does not suffer from any illegality or perversity warranting interference in writ jurisdiction. In such circumstances, I proceed to dismiss the writ petition, the judge remarked.
The judge, however, kept open all contentions of both sides on merits and said his order would not prevent the petitioners from raising appropriate pleas.
On December 2 last year, a fire broke out in a flat on the 19th floor at Jolly Maker I Cooperative Society at Cuffe Parade in South Mumbai. The fire brigade was called but it could not contain the blaze immediately as the equipment installed at the building was not functioning.
Following this a BMC issued notices against the petitioner and initiated proceedings in the lower court, during which magistrate had issued process. UNI
