Calcutta, June 19: Six persons have been charged with culpable homicide not amounting to murder in the Stephen Court case, the biggest fire tragedy in the city drawing the stiffest legal clause in recent memory.

Among those charged for the Park Street fire that killed 43 people on March 23 are three directors of Stephen Court Ltd, all of whom are absconding. (See chart)

If convicted under the tough charge — Section 304 of the Indian Penal Code — a person could face life imprisonment or at least 10 years in prison.

Charges carrying three-year imprisonment and a fine are usually pressed in fire cases, said a police officer who added that he could not recall a similar case in the recent past in which Section 304 was invoked.

However, the outcry ignited by the fire appears to have prompted the police to invoke the harsher charges.

If the blaze touched a raw nerve in the city — fuelled by scenes of people falling to death from the landmark building and images of a locked terrace that closed the escape route of many victims — the tragedy also took on a political hue with Mamata Banerjee making it a civic election issue.

By slapping the stiff charge, the government seems to be guarding itself against charges of going soft in the case. The administration’s firefighting efficacy and the building sanction process also had come under a cloud following the fire.

The government ensured that the police filed the chargesheet in 87 days, three short of the stipulated 90 days. In contrast, the chargesheet for the Nandaram market fire, which took place in January 2008, has yet to be submitted.

However, it remains to be seen if the harsh charge born out of emotional resonance will pass legal muster.

The trial will take place in the court of the chief metropolitan magistrate in Bankshall. Its verdict can be challenged in the high court and the Supreme Court.

“It could be a long-drawn affair before the final conviction takes place,” jurist Gitanath Ganguly said. “The residents of Stephen Court and those who have lost their loved ones may have to wait a long time before justice is finally delivered.”

While all the six accused have been charged under Section 304, a non-bailable offence, the three directors also face charges of abetting suicide and violation of the West Bengal Fire Services Act. The three directors had sought bail in the high court five times but in vain.

“Arrest warrants have been issued in the names of the three directors as well as the liftman, but all of them are absconding,” said Damayanti Sen, the city detective department chief. “A search is on for them and we hope to arrest them soon.”

According to the chargesheet, Tarun Bagadia, the 38-year-old caretaker, neither helped the residents trapped inside nor assisted the rescue team. The same charge has been slapped on Ramashankar Singh, the 53-year-old assistant caretaker who, residents claimed, had keys to the building. Had the door of the locked terrace gate been opened, people trapped on the stairs could have easily escaped. ( )