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Supreme Court Refuses To Entertain PIL For Probe Into Hathras Stampede, Asks Petitioner To Approach HC
Gyanvi Khanna
12 July 2024 6:08 AM GMT
Today (on July 12), the Supreme Court dismissed a public interest litigation initiated in relation to the Hathras Stampede incident, saying that every matter does not have to be filed under Article 32 (Right to approach SC for the enforcement of fundamental rights). The Court added that the High Courts are robust Courts and they are meant to deal with these kind of matters. "Everything does...
Today (on July 12), the Supreme Court dismissed a public interest litigation initiated in relation to the Hathras Stampede incident, saying that every matter does not have to be filed under Article 32 (Right to approach SC for the enforcement of fundamental rights). The Court added that the High Courts are robust Courts and they are meant to deal with these kind of matters.
"Everything does not have to come in a PIL under Article 32; you file in the High Court. The idea of all this is to make a sort of big deal about incidents which take place. Obviously (they are) very disturbing incidents. High Courts are robust Courts, they are meant to deal with these kinds of matters," Chief Justice of India DY Chandrachud told the petitioner Advocate Vishal Tiwari.
Accordingly, the Bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra, granted liberty to the petitioner to approach the concerned High Court.
"Liberty to move the Competent HC in exercise of the jurisdiction under A 226 of the Constitution.," the Court ordered.
The stampede broke out in Hathras on July 02 in a prayer meeting of a self-styled godman, Suraj Pal alias Narayan Sakar Har. As per the news report, the incident killed as many as 121 people.
The instant PIL filed by advocate Vishal Tiwari sought the appointment of a five-member expert committee under the supervision of a retired Supreme Court judge to inquire into the incident.
In furtherance to this, the petition pleaded the Court to direct the State of Uttar Pradesh to submit status report for this incident and initiate legal action against the person's, authorities and officials for their negligent conduct.
To ensure that such incidents are avoided in future, Tiwari also prayed for a direction against State Governments to issue guidelines for cases where there is large number of public gathering.
“Such incident prima facie depicts the serious condition of responsibility lapse, negligence and unfaithful duty of care towards to the public by the government authorities. From past decade various incidents have taken place in our country wherein due to the mismanagement, lapse in duty, negligent maintenance activities, there has been cases of huge public casualties which could have been avoided yet due to such arbitrary and undone actions have led to such work.,” plea stated.
Similar incidents of Stampede, which took place in religious festivals, ceremonies, and Events, were cited to support this.
It may also be mentioned that the Uttar Pradesh Government had set up a judicial commission, headed by retired Allahabad High Court judge Brijesh Kumar Shrivastava, to probe into this horrific incident. The state government also constituted a Special Investigation Team (SIT). The two-member team recently submitted its report, blaming the meeting organisers, local administration, and police.
The reliefs prayed in the petition are as follows:
“Issue writ of mandamus/directions to the Respondents immediately to appoint a Five member Expert Committee Under the Supervision of Retired Supreme Court justice to enquire into the Hathras Stampede Incident took place on 2-7-2024 and also direct committee in the Interest of Public Safety to Suggest and frame Guidelines, Safety measures to Aoid Such incidents in large Number of Public gatherings;
Issue writ of mandamus/directions to the Respondent No.2 State of Uttar Pradesh To Submit Status Report in Hathras Stampede Incident took place on 2-7-2024 and also direct to initiate legal Action against the Person's, Authorities and Officials for their Negligent Conduct;
Issue writ of mandamus/directions to the Respondents/State Governments to issue directions and guidelines to prevent Stampede or other incidents for the safety of Public in Organizing any religious events or other events where large number of public Gathers;
Issue writ of mandamus/directions to the State Governments to Submit the Status of the Medical Facilities available from Block/Tehsil to District level to deal with the incidents of Stampede and other.”
Case Details: Vishal Tiwari v. Union of India and Others., W.P.(C) No. 428/2024
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