Trek Organizer Not Liable For Deaths Of Trekkers Due To Forest Fire: Supreme Court Quashes FIR Against Belgian Citizen
The Supreme Court recently quashed an FIR against a Belgian citizen over the death of 13 trekkers due to a forest fire which took place at the Kerala-Tamil Nadu border in 2018. This trekking expedition was organized and arranged through a website owned by the Belgian citizen, Peter Van Geit. Based on this, the appellant was also embroiled in the matter. Pertinently, he was accused...
The Supreme Court recently quashed an FIR against a Belgian citizen over the death of 13 trekkers due to a forest fire which took place at the Kerala-Tamil Nadu border in 2018.
This trekking expedition was organized and arranged through a website owned by the Belgian citizen, Peter Van Geit. Based on this, the appellant was also embroiled in the matter. Pertinently, he was accused under Sections 304 A (Death by negligence) and 338 (Grievous hurt by act endangering life or personal safety of others) IPC.
Initially, the accused approached the Madras High Court. Therein, it was noted that the above-mentioned trekking expedition team violated the Forest officials' permission to take a particular path. They deviated from that and went near the place of occurrence, where the forest fire was spreading.
“Who is responsible for such an unfortunate event is a matter for trial. When the above said expedition has been arranged through the web-site, that has been operated by the petitioner, he has to establish his innocence through the trial process. When more than nine persons lost their life in the above said occurrence, I am of the considered view that unless a strong material has been placed on record, the proceedings cannot be quashed against the petitioner.,” the High Court added.
The High Court had also observed that the appellant, being the owner, owed a duty to see that the trekking was on the correct permitted path. Thus, the High Court refused to quash the FIR. Against this backdrop, the appellant approached the Top Court.
Disagreeing with the High Court's view, a Division bench of Justices BV Nagarathna and Augustine George Masih opined that persons who were part of the trekking expedition died due to an act of god. No negligence could have been attributed to the appellant, who only facilitated the organization of the trekking expedition., the Court said.
It also noted that the organizers and the appellant were unaware of the forest fire. This was a sheer incident without any criminal intent on the appellant's part.
"No negligence could have been attributed to the appellant herein who only facilitated the organization of the trekking expedition. As already noted, the organizers as well as the appellant herein and even the members of the trekking expedition were totally unaware of the forest fire as such."
“Accidentally they were engulfed in the forest fire and they died by sheer accident and not owing to any negligence or any criminal intent attributable to the appellant herein. The appellant herein had no role whatsoever in causing the death of the trekkers who died due to a forest fire which is a natural cause.”
Thus, the Court, after relying on State of Haryana v. Bhajan Lal, quashed the proceedings against the appellant.
Case Details : Peter Van Geit v. State of Tamil Nadu
Citation : 2024 LiveLaw (SC) 83