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Maha Kumbh Stampede | Can Judicial Commission's Role Be Expanded To Identify No. Of Casualties? : Allahabad HC Asks UP Govt
LIVELAW NEWS NETWORK
19 Feb 2025 6:42 PM IST
While dealing with a Public Interest Litigation (PIL) petition seeking the details of persons missing after the stampede at the Maha Kumbh in Prayagraj on January 29, the Allahabad High Court today orally asked the State Government as to whether the scope of the inquiry of the Judicial Commission appointed by it could be expanded to include identifying the number of casualties and look into...
While dealing with a Public Interest Litigation (PIL) petition seeking the details of persons missing after the stampede at the Maha Kumbh in Prayagraj on January 29, the Allahabad High Court today orally asked the State Government as to whether the scope of the inquiry of the Judicial Commission appointed by it could be expanded to include identifying the number of casualties and look into other grievances concerning the stampede.
A bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra noted that, as of now, the commission's scope does not include inquiries into other relevant details of the stampede.
When the State, led by Additional Advocate General Manish Goyal, suggested that the commission is very well empowered to look into all the aspects of the stampede, the court noted that when the commission was initially appointed, the immediate implications of the event—such as the number of casualties and missing people—would not have been available to the State authorities.
Therefore, the court indicated that these details could now be included in the commission's inquiry. The Additional Advocate General Manish Goyal was thus directed to obtain instructions in this regard by Monday (February 24), the next hearing date.
The response has been sought by the Court on the Public Interest Litigation (PIL) plea filed by Advocate Suresh Chandra Pandey, the former Honorary Secretary of the High Court Bar Association, Allahabad. The petition seeks 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.
Before the division bench, the petitioner's counsel, Advocate Saurabh Pandey, submitted that many media portals have disputed the number of casualties (30) reported officially by the State Government.
He also relied on various news articles and a press release from the People's Union for Civil Liberties (PUCL). He argued that the kin of the deceased are being forced to run from pillar to post in order to obtain death certificates.
"The dead bodies have been handed over to the kind without postmortem with 15,000rs with an assurance that the death certificate will be given. Now people are being made to run from pillar to post to obtain death certificates. The duty of the state was to help out people. Still, the state has created hindrances for the public at large. I have videos of the people manning the ambulances who have talked about the number of people they had taken to the hospital," Pandey submitted.
Advocate Pandey further pointed out that official statements fail to mention the stampede in Sector 21 and other areas surrounding the Kumbh Mela.
In response, AAG Goyal stated that all the prayers made in the PIL are being considered by the Judicial Commission appointed by the State Government. However, Chief Justice Bhansali remarked that the commission's scope does not include as to what happened during the stampede.
Given this, the Court, stressing the need to broaden the scope of the inquiry to include the stampede, directed AAG Goyal to seek instructions on this matter.
The bench also asked the AAG to convey to the state government not to issue a general notification concerning the Judicial Commission and, instead, to comprehensively lay out the terms of the reference.
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.
The UP Government has formed a three-member judicial commission, chaired by retired Allahabad High Court judge Justice Harsh Kumar, to probe the January 29 stampede. The panel has invited people to provide information regarding the incident.