Bengaluru The Karnataka high court on Friday restrained the Bengaluru police from arresting the top brass of the Karnataka State Cricket Association (KSCA) in connection with the June 4 stampede at Bengaluru’s M Chinnaswamy Stadium, which left 11 dead and over 50 injured.
Granting interim protection from arrest till June 16, Justice SR Krishna Kumar directed that no “precipitative action” be taken against KSCA President Raghuram Bhat, Secretary A Shankar, and Treasurer ES Jairam, who are among the accused in one of three FIRs registered suo motu by the Bengaluru police over the tragedy. The court however, directed the petitioners to cooperate with the ongoing investigation, and barred them from leaving its jurisdiction.
The FIR, registered at the Cubbon Park Police Station in Bengaluru, names the KSCA management for alleged negligence during the crowd-control disaster that unfolded as thousands gathered to greet the Royal Challengers Bengaluru (RCB) team following its first-ever IPL title win. It also charges them under Section 105 of the Bharatiya Nyaya Sanhita for the offence of culpable homicide not amounting to murder.
In their petition, the KSCA officials claimed that the FIR was a “knee-jerk, politically motivated” action spurred by public outrage and state government pressure. “There is absolutely no wrong that can be attributed to the petitioner committee or its office bearers,” stated the plea, adding that despite offering independent compensation to victims, the KSCA was being “subjected to undeserved misery.”
{{/usCountry}}In their petition, the KSCA officials claimed that the FIR was a “knee-jerk, politically motivated” action spurred by public outrage and state government pressure. “There is absolutely no wrong that can be attributed to the petitioner committee or its office bearers,” stated the plea, adding that despite offering independent compensation to victims, the KSCA was being “subjected to undeserved misery.”
{{/usCountry}}The petition also took strong exception to public remarks made by chief minister Siddaramaiah, alleging that he had directed the police to arrest KSCA officials. “The media carries commanding statements by the Hon’ble Chief Minister directing the police to arrest the accused. The police have got on their toes pursuant to the same, in utter violation of the law,” the petition read.
Senior advocate Ashok Haranahalli, appearing for KSCA, argued that no criminal offence had been made out and the FIR was vitiated as it was registered by police officers who had since been suspended. He pointed out that the state government had already instituted three inquiries -- a magisterial probe, a judicial commission headed by retired Justice Michael Cunha, and a CID investigation.
However, advocate general Shashi Kiran Shetty opposed the quashing plea, arguing that the investigation must be allowed to proceed. While assuring the court that the police had no immediate plans to arrest the petitioners, Shetty cautioned that arrests might become necessary depending on the outcome of the parallel inquiries.
“Whatever the allegations, the police must be allowed to proceed. We have no intention of arresting the petitioners right now, but we must file objections and the investigation should not be stalled,” he said. Shetty further questioned the timing of the petition, noting the haste with which the KSCA approached the court “even before the ink had dried” on the FIR. Shetty informed the court that along with KSCA officials, the FIR named three employees of the event management firm DNA Entertainment and that RCB marketing head Nikhil Sosale had already been arrested.
On its part, the court clarified that it had no intention of interfering with or staying any of the three ongoing investigations but deemed it appropriate to grant the petitioners brief protection. “If they are arrested, it will affect their constitutional rights,” Justice Krishna Kumar observed.
“Without prejudice, respondents (police) are directed to not take any precipitative action against P2, 3, 4 (petitioners) subject to condition that petitioner cooperates with investigation/inquiry,” the court ordered.
It also took up a separate plea by RCB marketing head Sosale challenging his arrest. He was apprehended at 4:30 am on Friday from the domestic terminal of Kempegowda International Airport as he was allegedly attempting to flee to Dubai, according to the AG.
Sosale’s lawyer, senior advocate Sandesh Chowta, argued that the arrest was illegal and politically motivated. The court posted the matter for further hearing on Monday, June 9.
The June 4 stampede occurred when crowds surged toward the stadium gates following unverified rumours that entry to the celebration event would be free. The felicitation programme had been organised by Royal Challengers Sports Pvt Ltd, with logistical support from the KSCA.
The high court is also hearing a suo motu petition seeking broader systemic accountability in the wake of the tragedy. That matter is scheduled to be heard again on June 10.