Mumbai: The Aam Aadmi Party (AAP) Navi Mumbai Unit’s legal battle to get a fair probe and trial against the offenders in the Kharghar heat stroke incident has reached a crucial stage as the Panvel Magistrate Court, while hearing a petition filed by the party, has asked them to procure and submit all necessary evidence establishing the death of the 14 victims.

On April 16, lakhs of people from various parts of the state assembled at the Central Park ground, Kharghar, braving scorching heat to witness the grand ceremony of the Maharashtra Bhusan award getting conferred by the state on social activist Appasaheb Dharmadhikari. Exposure to blistering heat for over 5 hours, led to thousands suffering from sunstroke and death of 14 persons.
AAP eventually filed a personal complaint with the court under section 156 (3) of the Code of Criminal Procedure (1973) on 28 March 2023. AAP is the petitioner and the Chief of Secretary Department of Tourism and Culture is the Respondent.
“It’s going to be nearly three months to the incident. However, to date, the police have not taken any cognisance. They neither filed a single FIR nor was anyone held accountable for the loss of 14 lives. We had even filed a written complaint with the Commissioner of Police (CP) on April 18 to look into the matter but there was nothing done,” Jaisingh Shere, the counsel for AAP, said.
“The bare minimum requirement in this matter of gross negligence that led to the death of 14 people was the police filing a case making the organizers of the event responsible. Since the police department didn’t, under section 156 (3) of CrPC, the magistrate is empowered to take cognisance and instruct the police to take necessary action once a personal complaint is made,” the legal cell president of the party advocate Suvarna Joshi said.
{{/usCountry}}“The bare minimum requirement in this matter of gross negligence that led to the death of 14 people was the police filing a case making the organizers of the event responsible. Since the police department didn’t, under section 156 (3) of CrPC, the magistrate is empowered to take cognisance and instruct the police to take necessary action once a personal complaint is made,” the legal cell president of the party advocate Suvarna Joshi said.
{{/usCountry}}A total of five hearings have been conducted on the matter. In the recently conducted hearing on July 7, the petitioner was asked to present the evidence for the court to issue an appropriate order. “The matter is kept for order by the court and we are required to submit evidence establishing the death, the suffering endured by those admitted for sunstroke and all the relevant mishappenings that occurred on the fateful day. Our legal team is busy in collecting the required documents,” added Shere.
In the criminal petition, the party has also asked for the filing of charges of culpable homicide under sections 304, 308, 336,337,338 and 114 of the Indian Penal Code (IPC) against those involved in organising the event. It has also sought the court for providing enhanced compensation to the victims. Repeated attempts to get in touch with the Commissioner of Police Milind Bharambe went unanswered.
The matter is kept for order in the next hearing scheduled on August 19.
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