The incident took place at Hyatt Regency in October, 2013
The Delhi High Court Friday refused to quash summons issued to Hyatt Regency hotel’s general manager and managing director by a trial court in a criminal negligence case, filed after a 34-year-old man fell from the sixth floor. The man, Gaurav Rishi, has been in coma ever since. Justice Anu Malhotra dismissed the petitions of the hotel’s MD Shiv Kumar Jatia, its general manager Aseem Kapoor and Karan Lal, the assistant front officer.
Just before midnight on October 16, 2013, Rishi, a real estate group CEO, who was meeting friends, stepped out for a smoke on an under-construction ledge connected to the sixth-floor lobby. He accidentally fell to the fourth floor balcony, with his family alleging the accident took place due to Hyatt’s negligence, and made worse by delay in medical treatment.
The HC held that “since the victim is not in a condition to make a statement, the petition cannot be termed to be maintainable”.
The court, however, exempted the three accused from appearing in person before the trial court, but will have to appear when asked.
The victim’s sister Gauri Rishi told The Indian Express “I have seen my brother suffer each passing day. I have only been able to wage this battle because of the support extended by the legal fraternity.”
Jatia, Kapoor and Lal, who said there was no negligence on their part, had moved the HC in 2015 challenging the trial court’s May 16, 2015 order summoning them as accused. They have also sought quashing of the chargesheet filed against them under various IPC section, including the act endangering life of others.
According to police, the hotel had not put in place emergency evacuation, nor did it inform local police about the incident. It had also alleged that the area under construction was made accessible to guests without any indication that it was unsafe.