IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 WP(C).No. 37535 of 2007(R) --------- -------------------------- PETITIONER: ------------------ KERALA STATE ELECTRICITY BOARD, REPRESENTED BY EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KSEB, KODUNGALLOOR, SMT.PRASANNA. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENTS: ---------------------- 1. KERALA STATE HUMAN RIGHTS COMMISSION REPRESENTED BY ITS SECRETARY. 2. UNNIKRISHNAN.E.B., S/O.LATE VALLIAMMA, ELAYARAMPURACKAL HOUSE, KODUNGALLOOR KARA-680 671. 3. ARAVINDAKSHAN, S/O.LATE VALLIAMMA, AND H/O. LATE SUMA, ELAYARAMPURACKAL HOUSE, KODUNGALLOOR KARA-680 671. 4. SOUDAMINI.E.B., D/O.LATE VALLIAMMA, ELAYARAMPURACKAL HOUSE, KODUNGALLOOR KARA-680 671. 5. NANDU, AGED 7 YEARS (MINOR), S/O.LATE SUMA, REPRESENTED BY ARAVINDAKSHAN, ELAYARAMPURACKAL HOUSE, KODUNGALLOOR KARA-680 671. R1 BY ADV. SRI.K.ANAND R2 TO R5 BY ADV.SRI.K.B.GANGESH SMT.SMITHA CHATHANARAMBATH FOR R2TO5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.37535 OF 2007-R APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF NOTICE DATED 18.7.2007 ISSUED BY THE KERALA STATE HUMAN RIGHTS COMMISSION EXT.P2 TRUE COPY OF THE STATEMENT OF OBJECTIONS FILED BEFORE THE HONOURABLE HUMAN RIGHTS COMMISSION EXT.P3 TRUE COPY OF THE INTERIM ORDER OF THE HUMAN RIGHTS COMMISSION DATED 17.09.2007 / TRUE COPY/ Thottathil B. Radhakrishnan, J. - - - - - - - - - - - - - - - - -- - - - - - - - W.P.(C) No. 37535 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of February, 2010 JUDGMENT The Kerala State Electricity Board challenges the directions issued by the Kerala State Human Rights Commission to pay an amount of Rs.25,000/- each to the dependants of two women who were electrocuted. The plea projected by the Board is that there is no human right violation in the situation. 2. The Board admitted before the Commission that the accident was due to snapping of a conductor due to the heavy rain and wind and that coconut palm leaf had fallen on the line and the conductor was broken. The area was water-logged and the victims accidentally stepped on to the live conductor and got electrocuted. These facts are sufficient enough to disclose that no act of negligence or omission can be attributed to the victims. The vagaries of nature, as pleaded by the Board before the Commission, are well within those which have to be envisaged and foreseen by the authority entrusted with the duties of transmission of electrical energy. WPC No.37535 of 2007 -:2:- 2. The concept of human rights, even in terms of the provisions of the Human Rights Act, 1993 encompasses violations of right to life, the right guaranteed under the Constitution of India which means, situation that would show infraction of Article 21 of the Constitution, as also various other matters which may fall within the realm of international averments and documents as may be binding on the Union and States in India. With that, there is no jurisdictional error or legal infirmity in the impugned order in as much as the deprivation of life is for no fault of the victims, and, on facts, is directly chargeable to a situation to which the doctrine of res ipsa loquitur applies. At any rate, ends of justice do not require this Court to extend the writ jurisdiction to erase the order issued by the Human Rights Commission. For the aforesaid reasons, this Writ Petition fails and the same is accordingly dismissed. No costs. Thottathil B. Radhakrishnan, Judge. ttb WPC No.37535 of 2007 -:3:-