Harni tragedy: Court rejects discharge petition of 15 partners who managed boating activity

Additional Sessions Judge RB Italia considered the joint submissions, made by special public prosecutor RC Kodekar, Vadodara district government pleader and special public prosecutor Anil Desai as well as additional special public prosecutor Alkesh Shah, in the case objecting to the discharge petitions filed by the partners on the ground that all the accused were “working partners” in the firm and it has to be assumed that “they were involved in the day-to-day working” of the Lake Zone.

Those who filed the discharge application include Binit Kotia of M/s Kotia Projects, Gopaldas Shah, Rashmikant Yadav — all partners holding 10% share in the joint venture, and other partners holding 5% share — Nutan Shah, Vaishakhi Shah, Jatin Doshi, Tejal Doshi, Neha Doshi, Dharmil Shah, Dipen Shah, Vedprakash Yadav, and Bhimsinh Yadav. Three others include the manager of the Lake Zone Shantilal Solanki and boat owner Alpesh Bhatt as well as Nilesh Jain of Dolphin Entertainment that had been sub-contracted the operations of the boating facility.

After hearing the arguments, the court said, “Everyone is aware of the consequences that can arise if an untrained and ineligible person is appointed to operate boats. All accused are capable of understanding that overloading a boat will lead to a capsize and lack of safety equipment would mean that no one can be rescued even…”

“All accused partners are working partners and it can be assumed they are involved in the day-to-day functioning… In case of the owners of Dolphin Entertainment and Tristar Enterprise too, the owners were aware that there is risk involved but it prima facie appears that they collectively indulged in criminal negligence,” said the court.

The court also said that although the defence argued that a retirement deed of Binit Kotia, dated November 10, 2023, had been found, it was “incomplete and not signed by all parties” and thus cannot be considered as “an executed deed”.

The court said it “cannot be assumed at this stage” that the working partners were “unaware” about the fact that the Lake Zone had no speed boats, life guards, swimmers and had appointed untrained boat operators and helpers as “no proof to establish” their lack of knowledge had been produced. Therefore, “in the interest of justice”, the court rejected the discharge applications of all 15 accused partners and ordered the trial to proceed as per procedure against the accused, who are currently out on bail.

A boat capsized in Harni Motnath Lake killing 14, including 12 children, on January 18, 2024. An FIR was lodged at Harni police station, booking 20 accused under the Indian Penal Code Sections 304 (culpable homicide not amounting to murder), 308 (attempt to culpable homicide), 337 (rash or negligent act endangering human life) and 114 (abettor present when crime committed).