'Approach HC Forthwith': Supreme Court On Plea To Depute Armed Forces To Rescue Kerala Truck Driver Trapped Under Mudslide Debris At Shirur

In a Public Interest Litigation filed in connection with the landslide that occurred recently in Karnataka's Shirur village, where a Kerala truck driver, Arjun had been trapped under mudslide debris since July 16, the Supreme Court granted liberty to the petitioner to forthwith approach the Karnataka High Court at Bangalore and request that the Chief Justice immediately list the matter.

'Upon such a request being made, we expect the chief justice would take an appropriate decision forthwith.,' the Bench of Justices Vikram Nath and P.B Varale added in their order.

The PIL, filed by Advocate Subhash Chandran KR, sought urgent relief from the Union for deployment of Army to carry out immediate rescue operation. In the petition, it was pointed out that a truck driver, Arjun, a native of Kerala, had been trapped at the disaster site since July 16. However, the Karnataka authorities were acting with limited manpower and equipment only during office hours.

The petitioner also argued that the army could have been mobilized, “given there is an army cantonment in nearby Belgavi area and Naval recourses are available with Navy at Karwar”, but no efforts were taken.

Apart from this, the petitioner also sought a direction to the Respondents (Union Govt, Karnataka and Kerala Governments) to take all possible steps by clearing the entire debris round the clock to locate the stranded human life and vehicles by using scientific methods.

However, when the matter came up before the Division Bench, it asked Senior Advocate V Chitambaresh, for the petitioner, why he had not approached the High Court in Bangalore.

“Isn't the High Court of Karnataka at Bangalore not capable of handling this ? It is easier for you to be there in Bangalore rather than travelling from Bangalore to Delhi for this.”

When Chitambaresh underscored the seriousness of the matter, the Court explained:

“You could have approached the Bangalore HC, the Chief Justice Court could have taken this matter on priority or maybe on an application filed…it could have been taken on priority or on a suo motu basis.”

Stating thus, the Court, while acknowledging the urgency of the matter, passed the aforementioned order:

“Even though we find there is urgency in the matter, we are not inclined to entertain this A32 petition. It is opened for the petitioner to forthwith approach the Karnataka High Court, at Bangalore and make a requests before Chief Justice for immediate listing of the matter.

Upon such a request being made, we expect the chief justice would take an appropriate decision forthwith.”

Background

On July 16, a landslide occurred in Shirur village on National Highway 66 in Uttara Kannada district of Karnataka following heavy rainfall. As a result of the landslide, mud slid down from hills across the national highway towards the Gangavali River, burying lorries, gas tankers, vehicles, and a local house/hotel under it.

As per local residents, at least one truck and three cars are still stuck under the debris left behind by the landslide. Yet, during the first four days, the authorities simply engaged in path-clearing works with limited manpower and equipment without considering the seriousness of the situation.

Subsequently, a truck travelling from Karnataka to Kerala went missing, and it was learned that its last GPS location was the site of the landslide.

Case Title: SUBHASH CHANDRAN KR VERSUS UNION OF INDIA & ANR., Diary No. 32118-2024