Experts question Murder Charge on Contractors in Kolkata Flyover Collapse

Legal experts have questioned the legality on  the decision of the Kolkata police to file  murder charge on four officials of IVRCL, the contractor of the under-construction flyover in north Kolkata, which partially collapsed on Thursday.

So far 27 persons have died, while many are recovering in city’s hospitals.

The four officials have been charged with murder, attempted murder and criminal conspiracy.

Experts say that since none of the accused knew before hand that the flyover would collapse and who would die subsequently, it would be “extremely difficult” for the police to establish murder charge (Section 302) in this case.

They also have doubts as to whether the charge of attempted murder (Section 307) brought by the police can stand the court’s scrutiny as the motive of the attempt is very ambiguous.

“I think that neither of the charges brought under Sections 302 and 307 will be justifiable in court. Here the accused never knew that,who will die because of his act and where,” a former judge told  condition of anonymity.

He also asked if there is “no intention to murder how can there be an attempted murder.”

According to him, charges of criminal conspiracy (120 B) and culpable homicide not amounting to murder (304) would have been more justifiable in court.

“In this case nobody knew in advance or even planned anyone’s death. But people have died due to the negligent act of the accused,” he said.

However, a senior police officer who is part of the investigation said that including Section 307 would have made it easier for the accused to get bail.