Katra court gives clean chit to Shrine Board
JAMMU, Dec. 21 -- A local court in Katra on Saturday attributed the death of 34 Vaishno Devi pilgrims to natural disaster and absolved the chief executive officer of the Shri Mata Vaishno Devi Shrine Board and other officials of any criminal negligence on their part.
At least 34 pilgrims were killed and scores injured near Ardhkuwari on August 26 in a landslide during heavy rains.
"From the perusal of allegations alleged in the complaint, statements recorded by the police, police report and annexures annexed with the record, it is very much clear that the proximate and immediate cause of the unfortunate incident was natural disaster," observed Sidhant Vaid, sub-judge/judicial magistrate first class, Katra, in his ruling on Saturday.
Vaid referred to several judgments delivered by various courts, including high courts and Supreme Court, to define the term 'negligence'.
"As far as omission on the part of non applicant number 3 (CEO of Shrine Board) in performing his duty is concerned, it has been brought on record that the yatra was stopped whenever required in the interest of public safety and SOP had been followed. The advisory as issued by the meteorological department only predicted possibility and the decision had to be taken for the smooth conduct of yatra depending upon the weather on the spot and no one can foresee the natural disaster," he observed.
"Even if what has been pleaded in the complaint is presumed to be true, then also non-compliance of the weather advisories could be lapse on the administrative side and no element of criminal negligence is present. As such, in my considered opinion, the case of criminal negligence is not made out and no cognisable offence is prima facie made out," the judge concluded.
Vaid, however, clarified that his order shall have no bearing on the enquiry already ordered by J&K LG Manoj Sinha into the incident.
On November 21, the station house officer of Shri Mata Vaishno Devi Bhawan, had placed an action taken report (ATR) of the police before the court.
In October, Rohit Bali from Jammu had filed a complaint before the court of sub-judge (JMIC), Katra, seeking appropriate directions to the SSP, Reasi, and SHO, Bhawan, to register an FIR against the CEO of the Shrine Board and other officials for their alleged criminal negligence on the date of incident. He had claimed that the officials had miserably failed to perform their lawful duties and didn't suspend the pilgrimage despite severe weather warnings, red alerts and advisories.
The LG had constituted a three-member committee, comprising additional chief secretary Shaleen Kabra, IGP, Jammu, Bhim Sen Tuti and Jammu divisional commissioner Ramesh Kumar, on August 29 to probe the causes behind the landslide and submit the report within two weeks. However, probe panel's findings are nowhere in sight....
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