Death of a child due to electrocution: SC upholds SHC verdict against sessions court order

KARACHI: The Supreme Court (SC) on Tuesday upheld the verdict of the Sindh High Court (SHC) which turned down the order of a sessions court to register a case against the top brass of the K-electric (KE) for death of a child due to electrocution in Malir area of the metropolis. A three-member bench of SC's Karachi Registry, headed by Justice Faisal Arab, heard the appeal against the verdict of the SHC and rejected it.

A sessions court in Karachi had ordered registration of a case against the chief executive officer and other top officials of KE over the death of a child, Azhan, after he was electrocuted in Model Town, Malir, Karachi, during rain in August 2017. An SHC bench heard the appeal against the judgment of the sessions court and turned down the judgment.

The SC bench observed how can a case be registered against the CEO of KE if a person dies due to electrocution. "Court would like to know about the law which allows the registration of case against owner and CEO of the company," Justice Faisal Arab remarked. Justice Muneeb Akhtar asked under which provision of law the case should be registered and punishment should be given? Justice Sajjad Ali Shah observed how the case can be registered against me if my driver knocked down someone. He stated that a person who kills somebody would be apprehended.

However, action can only be taken against the CEO of a company if a person is recruited wrongly. Ahmed Mangrio Advocate submitted that people were killed due to negligence of the KE. Justice Faisal Arab remarked that civil suit can be filed against the company for compensation if anybody is killed due to negligence of the company. The SC bench upheld the verdict of the SHC by rejecting the appeal against it.

Copyright Business Recorder, 2020