Supreme Court grants leave to appeal school pillar death case

The case concerns an appeal by the President and Superintendent of a school against their prosecution for culpable homicide not amounting to murder (Section 304 IPC) following the death of a 12-year-old student caused by the collapse of a poorly constructed pillar. The core issue is whether the High Court erred in refusing to quash the criminal proceedings.

Who it concerns: Appellants: Matin Shankarrao Bhosale and another (President and Superintendent of the school); Respondents: State of Maharashtra and another (father of the deceased); Bench: Justice J.B. Pardiwala.

What the court decided

• The Court granted leave to appeal.
• The Court noted that the High Court had previously rejected the appellants' application to quash the criminal proceedings.
• The Court recorded that the respondent (father of the deceased) was served with notice but chose not to appear in person or through an advocate to oppose the appeal.
• The Court noted the High Court's finding that the construction used sub-standard materials and lacked a proper base, constituting negligence.

Also in the document

• The order is a preliminary stage where leave to appeal was granted, and the document text ends before any final judgment or specific direction on the merits of the appeal is recorded.
• The High Court had previously cited the 'Bhajanlal' parameters and found that the appellants' omission to take due care while constructing the pillar amounted to negligence, justifying the continuation of proceedings.