PHIDAPHERLIN SOHTUN Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) This application under Article 226 of the Constitution of India, has been filed by the mother of (L) Nathaniel Sohtun, a 17 year old, Class -XI student at Jawahar Navodaya Vidyalaya (JNV), Mawphlang, who tragically lost his life due to electrocution on 28/7/2024. The incident occurred on the terrace of Hostel B-2, when he had gone with his friends to take a head bath, after playing games. As per statements from the students, they had gone to the terrace because there was no water in the bathrooms and they had used the water from the terrace tank for their baths, and (L) Nathaniel Sohtun, while taking his bath accidentally came into contact with an electrified water pipeline, which led to his electrocution. The writ petitioner has therefore prayed that action be taken against the school authorities, for directions to the concerned authorities to address all safety hazards in the school premises, to ensure repair of the leakage, electrical wiring, ensure safe water for drinking, bathing, sanitation and to ensure supervision of risk factors such as the use of the terrace by the students apart from other prayer.

(2.) It has been contended by Ms. I.M. Lyngdoh, learned counsel for the petitioner that there was gross negligence on the part of the school authorities especially the Principal (Respondent No. 4) in addressing the immediate situation, when (L) Nathaniel Sohtun was electrocuted, and there was a delay in getting immediate medical attention, which had resulted in the deceased student being brought dead to the Community Health Centre. The deceased student, she submits went to the terrace to have a bath due to the water shortage in the hostel bathrooms, and had there been adequate water, there would have been no occasion for the students to go to the terrace. It is submitted that the writ petitioner had also testified before the Magisterial Inquiry, that there had been prior complaints filed by the students on 24/6/2024, about water leakage and faulty wiring, which had been submitted to the respondent No. 4, but however, no action was taken. The detailed Magisterial Inquiry Report, she submits confirms that the student had died due to electrocution, and also that there were other deficiencies such as the main control room, which housed the electrical panels also being used as a storage room, which made it difficult for the staff to access. A spot inspection she submits, was conducted on 5/9/2024, by a Senior Electrical Inspector, who reported that the main control room was cluttered with waste materials affecting access, short circuits found in the external control panels, electrical switches which were malfunctioning, leakage of electricity in the pump starter, and also the absence of warning signs or proper safety measures around the electrical panels.

(3.) The learned counsel has also submitted that following a memorandum submitted by the parents on 29/9/2024, a joint inspection was carried out by the Additional Deputy Magistrate and the parents on 8/10/2024, which showed that certain steps have been undertaken such as the tendering process for electrical repairs, hiring of a private Electrician, but however, the report failed to mention the cause of death of the petitioner's son, or who was responsible and why such negligence occurred. It is further submitted that though the initial criminal complaint was converted into an FIR, the status report filed by the Respondent No. 3 (Officer in Charge, Mawngap Police Station) shows that no criminal case has yet been registered against the Respondent No. 4 (Principal). The learned counsel has cited the case of Dr. Debajit Das & Anr. vs. Williamson Magor Education Trust & Ors. reported in (2020) 4 Gauhati Law Reports 478, in support of her arguments that the Principal should be held accountable for criminal negligence.