ASHOK SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The six petitioners are the fathers of six children who lost their lives on 06.06.1999 in what is known as 'The Vikas Nagar Drowning Tragedy'. The six boys who lost their lives and whose fathers have filed the present writ petition were between 14 to 17 years of age.

(2.) The respondent Nos. 1 to 4 had arranged an annual training camp of the NCC w.e.f. 30.05.1997 to 09.06.1997 at Asha Ram Vedic Inter College, Vikas Nagar, Dehradun, U.P. The six boys alongwith other fellow cadets had gone to attend the said training camp. Part of the training included the exercise of firing at a firing range which was at village Dhimawala near the Yamuna River. On 06.06.1999, some of the companies of the student cadets went for a firing exercise in the firing range at about 6.00 a.m. in the morning. Lt. Col. D.K. Bansal, who was the Commandant of that camp, had given clear instructions to all the incharges of the camps as well as the students that no student should be allowed to go towards the river and take a bath therein for the reason that a very strong flow of water affects the river all of a sudden and this may endanger the lives of the students. It was also alleged that after the firing exercise was over, the respondent No.4 (D.P. Saini) took a number of students with him for the purposes of taking a bath in the river. While the said persons, which included the six boys mentioned above, were taking a bath in the river, a huge quantity of water was released from the Dak Pathar Barrage as a consequence of which 11 children in total, including the six mentioned above, drowned in the water and lost their lives.

(3.) According to the petitioners, the respondents failed and neglected in performing their duties and handling the cadets with due care. The cadets who were under their custody lost their lives because of the negligence on the part of the respondents. It is pointed out by the petitioners that a sum of Rs 2.75 lakhs have been received for the loss of lives of each of the cadets. This amount had been received prior to the filing of the present writ petition. It had been paid in the following manner:- <FRM>JUDGEMENT_826_ILRDLH16_2007Html1.htm</FRM>