Supreme Court sets aside criminal proceeding against Hyatt Hotel MD Shiv Kumar
The criminal proceedings against the Managing Director of Asian Hotels (North) Ltd, which runs Hyatt Regency Hotel here, in a 2013 negligence case was set aside by the Supreme Court on Friday.
A bench of Justices Abhay Manohar Sapre and R Subhash Reddy allowed company's MD Shiv Kumar Jatia's appeal challenging the Delhi High Court's May 18, 2018, order. The Delhi High Court had dismissed the pleas of Jatia and two others seeking quashing of summons issued to them by a trial court.
On October 16, 2013, one Gaurav Rishi had fallen from the terrace of the hotel's sixth-floor lobby when he had gone to meet his friends. The Delhi police charge-sheeted Jatia and others alleging that the under-construction terrace area was made accessible to guests without any indication of it being an unsafe area.
The prosecution maintained that the terrace was dark, and that hotel staff did not stop them from going there. However, the bench noted that there were allegations of negligence on the part of the hotel and its officers, who are in charge of day-to-day affairs. But so far as Jatia is concerned, no allegation is made directly attributing negligence with the criminal intent attracting the provisions of the Indian Penal Code.
"Taking contents of the final report, we are of the view that there is no reason and justification to proceed against him (Jatia) only on the ground that he was the Managing Director of M/s Asian Hotels (North) Limited, which runs Hotel Hyatt Regency," the bench said.
