Maha Kumbh Stampede | 'Inquire Into Loss Of Life & Property, If Any': UP Govt Expands Judicial Commission's Scope Following HC Suggestion

On Monday, the Uttar Pradesh Government informed the Allahabad High Court that it has issued a notification to expand the inquiry of the Judicial Commission. The commission will now inquire into the loss of life and property, if any. The Court was apprised that the Commission will also look into the coordination of the Mela administration and the District Administration with the Health Services Administration regarding the loss of life and property during the stampede.This statement was made before a bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra, which had previously suggested to the State Government to broaden the commission's scope during the last hearing of a PIL regarding the missing persons after the stampede at the Maha Kumbh in Prayagraj.The notification, issued on Saturday, states that the governor of the state had already appointed the Judicial Commission as it was deemed "necessary to conduct an inquiry in the public interest" regarding the stampede and the resulting deaths and serious injuries to some devotees.It adds that the decision was made considering the "comprehensiveness of the subject matter" and to ensure "transparency in the inquiry." Since the division bench of the High Court on Feb 19, orally instructed the government counsel not to issue a general notification regarding the commission but to clearly outline the terms of reference, the February 22 notification clarifies that the commission has been appointed to submit a report, after conducting an inquiry, to the state government on the following points (suggesting that the objective of the commission was clear when the same was appointed on January 29):(a) To ascertain the reasons and circumstances due to which the said incident occurred; (b) To give suggestions regarding preventing recurrence of such incident in future.Here it may be noted that the UP Government formed a three-member judicial commission, chaired by retired Allahabad High Court judge Justice Harsh Kumar, to probe the January 29 stampede. On the High Court's suggestion, now its scope has been expanded. The operative part of the notification reads thus:"2. Considering the gravity of the matter, after further deliberation, the Governor, in exercise of the powers conferred by Section-3 of the Commission of Inquiry Act, 1952 (Act No. 60 of 1952), hereby expands the scope of inquiry specified to the said Commission of Inquiry to also include the following points in the scope of inquiry: -I. To Inquire into the loss of life and property, if any, caused by the stampede in the Mele Area during Mauni Amavasya at Mahakumbh, Prayagraj on 29.01.2025; II. To Inquire about coordination of the Mela administration and the District Administration with the Health Services Administration regarding the loss of life and property during the stampcde."The Government has also extended the commission's tenure by one month, which shall be calculated from March 1, 2025, to conclude the Inquiry proceeding.Taking into account the submission and the notification of the State Government, the bench disposed of the PIL plea moved by Advocate Suresh Chandra Pandey, the former Honorary Secretary of the High Court Bar Association, Allahabad, by giving him the liberty to approach the Court if it the need so arises.The PIL plea by Advocate Pandey, moved and argued by Advocate Saurabh Pandey, sought the formation of a Judicial Monitoring Committee to collate the details of persons who went missing after the stampede at the Maha Kumbh in Prayagraj. The petitioner had explicitly claimed that many media portals have disputed the number of casualties (30) reported officially by the State Government.The stampede occurred in the early hours of January 29, reportedly killing 30 -39 persons. The affected area was the Sangam holy dip point. The News Minute's ground investigation report claims that the death toll is possibly closer to 79.On February 3, the Supreme Court refused to entertain a PIL seeking action against Uttar Pradesh state officials for the stampede at the Maha Kumbh Mela.The Court had asked the petitioner, Advocate Vishal Tiwari, to approach the Allahabad High Court. "It is an unfortunate incident, something which is of concern. but go to the High Court. There is already a judicial commission constituted" CJI told Tiwari, who said that stampede incidents were becoming regular.Advocate Towari had also sought directions to formulate policies and regulations to prevent such stampedes at large religious gatherings. Case citation : 2025 LiveLaw (AB) 68

Maha Kumbh Stampede | 'Inquire Into Loss Of Life & Property, If Any': UP Govt Expands Judicial Commission's Scope Following HC Suggestion

Sparsh Upadhyay

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