Today, the Supreme Court dismissed a public interest litigation (PIL) filed in connection with the Hathras stampede incident, emphasizing that not all matters need to be addressed under Article 32, which allows for the enforcement of fundamental rights. The Court underscored the competency of High Courts to handle such issues.
Chief Justice of India (CJI) DY Chandrachud, addressing Advocate Vishal Tiwari, stated, “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.” Consequently, the Bench, comprising CJI Chandrachud and Justices JB Pardiwala and Manoj Misra, granted the petitioner liberty to approach the relevant High Court.
The Court ordered, “Liberty to move the Competent HC in exercise of the jurisdiction under A 226 of the Constitution.”
The stampede occurred on July 2 in Hathras during a prayer meeting led by a self-styled godman, Suraj Pal alias Narayan Sakar Har, resulting in 121 fatalities. Advocate Vishal Tiwari’s PIL sought the appointment of a five-member expert committee, supervised by a retired Supreme Court judge, to investigate the incident.
The petition also requested the Court to instruct the State of Uttar Pradesh to provide a status report and take legal action against responsible individuals and authorities for their negligence. Tiwari further called for state governments to issue guidelines to prevent similar incidents at large public gatherings.
“Such incidents prima facie depict the serious condition of responsibility lapse, negligence and unfaithful duty of care towards the public by the government authorities,” the plea stated. The petition cited previous stampede incidents during religious events to bolster its case.
Additionally, the Uttar Pradesh Government had already set up a judicial commission, headed by retired Allahabad High Court judge Brijesh Kumar Shrivastava, to investigate the stampede. A Special Investigation Team (SIT) was also formed, which recently submitted its report, blaming the meeting organizers, local administration, and police.
The reliefs sought in the petition included:
Appointment of Expert Committee: A five-member expert committee supervised by a retired Supreme Court judge to investigate the Hathras stampede and recommend safety measures for large public gatherings.
Status Report and Legal Action: The State of Uttar Pradesh to submit a status report and initiate legal action against negligent individuals and officials.
Guidelines for Public Safety: State governments to issue directives to prevent stampedes and ensure public safety during large gatherings.
Medical Facility Status: Assessment of medical facilities from block/tehsil to district level to handle stampede incidents and other emergencies.
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