Delhi Court Grants Bail to Head Chef Following Fatal Malviya Nagar B&B Fire
Additional Sessions Judge Samar Vishal ruled that routine kitchen operations do not constitute criminal negligence. The head chef had been held since June 6 following the June 3 blaze that killed 23 people.
Judicial Distinction Between Employment and Liability
In a significant ruling at Saket Courts, Additional Sessions Judge Samar Vishal granted bail to Keshar Negi, the head chef involved in the Flourish Stay Bed & Breakfast fire investigation. The court determined that performing standard professional tasks, such as operating electric fryers and gas stoves, does not automatically equate to culpable negligence. While acknowledging the extreme gravity of the June 3 tragedy, which claimed 23 lives including several foreign nationals, the judge noted that the severity of the incident does not warrant indefinite incarceration for an individual without a criminal history.
Functional Responsibility vs. Management Failure
The court examined the scope of Negi’s duties since his arrest on June 6. Evidence suggests the following regarding his role at the Malviya Nagar facility:
- Operational Scope: Negi was responsible for food preparation and supervise kitchen gear, not building infrastructure.
- Administrative Limits: The accused held no authority over statutory licenses, fire safety clearances, or the installation of emergency exits and sprinkler systems.
- System Maintenance: No evidence linked the chef to the maintenance of the LPG system, electrical wiring, or fire alarm mechanisms.
Judge Vishal clarified that primary responsibility for safety infrastructure and legal compliance rests with the establishment's owners and management, rather than a salaried employee hired for culinary services.
Prosecution Arguments and Bail Conditions
The prosecution contested the bail application, citing witness statements that Negi had activated kitchen equipment prior to the fire. They argued that because the Forensic Science Laboratory (FSL) report has not yet finalized the official cause of the blaze, the chef’s release could obstruct the ongoing probe. The court however proceeded with the bail, setting a personal bond of ₹50,000 and one surety of an equal amount. To maintain the integrity of the investigation, the court ordered Negi to cooperate with authorities, refrain from contact with witnesses, and remain in the country unless granted judicial permission for travel.
Source: The Hindu — Home
