Stampede at Mata Vaishno Devi cave shrine: HC directs registry to trace & scan statement of facts filed by UT admn
The three member enquiry panel constituted by lieutenant governor Manoj Sinha vide government order number 01-JK(GAD) of 2022 dated 01-01-2022, was assigned the task to examine in detail the causes and reasons behind the accident
A division bench of J&K and Ladakh high court on Monday directed the registry to trace and scan statements of facts filed by UT administration into the stampede at cave shrine of Mata Vaishno Devi on January 1, 2022.
At least 12 pilgrims were killed and scores injured in the stampede apparently after the shrine board authorities failed to regulate the rush on the eve of New Year on December 31, 2021.
In the much publicised Public Interest Litigation (PIL) seeking disclosure of the three-member inquiry report, a division bench comprising of chief justice (Acting) Tashi Rabstan and justice Moksha Khajuria Kazmi directed the Registry of High Court to trace, scan and attach the statement of facts filed by UT administration through commissioner secretary to government of J&K, general administration department (GAD).
The three member enquiry panel constituted by lieutenant governor Manoj Sinha vide government order number 01-JK(GAD) of 2022 dated 01-01-2022, was assigned the task to examine in detail the causes and reasons behind the accident.
The three member panel was headed by the then home secretary Shaleen Kabra. It had two other members—then divisional commissioner Raghav Langer and then ADGP Mukesh Singh.
The probe report had to be submitted within a week’s time by January 7, 2022.
Petitioner in the case, advocate Sheikh Shakeel Ahmed, who had filed a contempt petition, alleged non-compliance of a high court judgment dated April 26, 2023 by the UT administration. Subsequently, the division bench directed J&K government to take effective steps in furtherance of the decision and recommendations of the three-member committee constituted for ensuring safety of the pilgrims and devotees.
Advocate Ahmed submitted that he has received a copy of statement of facts filed by Sanjeev Verma, commissioner secretary to J&K government, general administration department, which is not in tune with the judgment passed by the division bench of the high court on April 26, 2023.
“Statement of facts is completely silent with regard to the action taken against the delinquent officers, whose negligence, caused death of 12 innocent devotees in the stampede,” submitted advocate Ahmed.
The petitioner further submitted, “It is unfortunate that till date the three-member inquiry report has not seen the light of the day and even the said report was suppressed from the division bench and all out attempt has been made to shield the erring officials, who remained remiss in the performance of their duties which resulted into the stampede.”
At this stage, the division bench headed by chief justice (acting) Tashi Rabstan observed in the open Court that the statement of facts filed by GAD secretary was not on record nor has it been scanned.
However government advocate Eishaan Dadhichi appearing for the UT administration submitted that he has filed the statement of facts on July 9 this year.
Division bench after considering the submissions of both the sides, directed the Registry to trace, scan and attach the statement of facts with the contempt petition.
Looking into the importance of the matter, the Division Bench directed the Registry to re-notify the instant contempt petition on September 18.