District Admin, Not Judicial Commission, To Decide 'Mahakumbh Stampede' Ex-Gratia Claims Within 30 Days: Allahabad HC
The Allahabad High Court has clarified that claims for ex gratia compensation to the victims of the tragic Mahakumbh Mela stampede (of January 2025) must be decided by the District Administration and the Mela Authority within 30 days and not by the State-appointed Judicial Enquiry Commission.
A bench of Justice Ajit Kumar and Justice Satya Veer Singh was hearing a writ petition filed by one Sanjay Kumar Sharma, seeking compensation for the death of a relative during the January 29, 2025, stampede.
Having perused an affidavit filed by the Secretary of the Judicial Inquiry Commission, the bench noted that disposing of representations for compensation is beyond the scope of inquiry.
The affidavit also pointed out that the Commission had returned the petitioner's claim file to the Meladhikari while advising the Mela administration to decide the matter at its own level.
Examining the Commission's terms of reference, the Court noted that its primary tasks were to ascertain the reasons and circumstances of the incident, offer suggestions to prevent future occurrences, inquire into the loss of life and property and examine the coordination among the Mela administration, District administration and health services.
Importantly, the bench further observed that during the hearing of the case, neither the Additional Advocate General nor the State panel counsel could deny the factum of the stampede. In fact, the State also did not deny that it had already paid compensation to the dependents of some victims.
In view of this, the bench concluded that in view of the State's clear admission that there was indeed a loss of life and property, the Commission does not need to further inquire into whether a stampede happened or not.
"When the State itself admits that such incident had taken place, then the Commission was not to any further enquire as to whether such an stampede happened or not. The State having not denied that it had paid compensation to the dependents of some of those who had lost their life, it also amounts to an admission that there was a loss of life and property," the Court remarked.
To streamline the process, the bench laid down the following principles for the Mela and District Administration to consider while deciding compensation claims:
(i) Every claim of compensation has to be made before the District Administration and not before the State Judicial Commission.
(ii) In deciding the matter of claims, it is the District Magistrate (Mela)/ the Meladhikari, who has to verify the facts as to the loss of death or property of an individual during stampede on 29.01.2025.
(iii) The material placed before the Meladhikari have to be examined in each individual case while arriving at a finding that such death took place on the fateful day, that is, Mauni Amavasya.
(iv) The records produced, the documents like inquest report by the police officers and the postmortem report prepared by the Chief Medical Officer/Medical Superintendent of the hospital have to be taken as undisputed material document unless disputed with valid contrary evidence for the purposes of determination of death during stampede.
(v) The Meladhikari has to take a final decision in the matter of claim of compensation within a period of 30 days of its presentation.
(vi) Insofar as the enquiry by the Judicial Commission is concerned, that would only be relating to point (i) and (ii), and in general for Clause (iii), not in matters of individual cases. The depositions made by the dependents of the deceased before the Commission, will only be with reference to the terms of reference point (iii) and not to determine the individual claim petitions for compensation.
Regarding the present case, the bench noted that there is an inquest report of the deceased prepared by an SI as well as the postmortem report of the Medical Officer and these documents have not been disputed by placing any cogent material to the contrary.
Hence, the bench directed the Meladhikari to make a decision within three weeks and file a compliance affidavit by the next date (May 7).
Advocates Ankit Kumar Pal and Praveen Kumar Singh appeared for the petitioner.
Senior Advocate Anoop Trivedi appeared for the respondent nos. 3 and 4- Kumbh Mela Authority assisted by Advocate Abhinav Gaur.
Additional Advocate General Manish Goyal, assisted by Standing Counsel Anubhav Chandra, appeared for State-respondent nos. 1 and 2 and the Enquiry Commission.
Case title - Sanjay Kumar Sharma vs State Of Up And 3 Others