SRINAGAR: The Jammu and Kashmir High Court, in a significant ruling, reinforced the primacy of medical and forensic evidence over media reports in establishing liability for wrongful deaths. Justice Sanjay Dhar issued the judgment while hearing a petition by the sons of Satya Devi, who tragically died in 2007 due to electrocution after coming into contact with a live electric wire in a forest near her village.
Satya Devi, aged 45, had ventured into the forest of village Solki, Tehsil Kalakote, District Rajouri, in search of a missing buffalo on the evening of June 28, 2007. When she did not return, the village chowkidar reported her disappearance to the police, prompting a search. Her lifeless body was discovered the next day.
Police investigations revealed that Satya Devi died from electrocution caused by contact with a broken live electric wire lying on the ground. The wire, one end attached to an electric pole, had been unattended for approximately 19–20 days, despite prior complaints from villagers. The post-mortem report confirmed electrocution as the cause of death, noting injuries on her neck consistent with contact with a live electric wire.
In their defence, the Power Development Department (PDD) relied on a report published in the Daily Excelsior, which claimed that a woman named Sita Devi had died from a lightning strike during a thunderstorm on the same day. The Court categorically rejected this as hearsay evidence, emphasising that newspaper reports cannot be treated as proven facts unless verified by the reporter or corroborated by evidence.
“The assertion made in a newspaper cannot be treated as proven facts. A statement of fact in a newspaper is merely hearsay and, in the absence of verification from the reporter, cannot be relied upon,” the Court remarked.
The Court held the PDD liable for negligence, citing a violation of safety standards under Rule 77 of the Electricity Rules, 1978, which mandates a minimum ground clearance of 13 feet for live wires. The broken wire on the ground was a direct result of the department’s failure to ensure these standards.
Justice Dhar further invoked the principle of “strict liability,” asserting that entities engaged in hazardous activities must compensate for harm caused, regardless of intent or circumstances. “The department’s dereliction of duty in maintaining high-voltage wires led to the tragic death of Satya Devi,” the judgment noted.
The Court directed the payment of 10 lakhs as compensation to Satya Devi’s sons, in line with a 2019 policy by the Jammu & Kashmir government, which provides ex gratia relief for deaths caused by electrocution. The amount is to be distributed equally among the petitioners and paid within two months, failing which interest at six per cent per annum will be applied.
This judgment underscores the judiciary’s reliance on medical and investigative evidence in determining liability while dissuading reliance on unverified media reports. It also serves as a reminder of the responsibility of public authorities to maintain safety in hazardous operations, such as electricity transmission, to prevent avoidable tragedies.
Advocate Ashok Sharma represented the petitioners, while Advocates Pallavi Sharma and Ravinder Kumar Gupta appeared for the respondent authorities.
