Mahakumbh Stampede | Allahabad HC Raps UP Govt For Apathy Over Compensation Delay, Seeks Details Of Deceased

In a strongly worded order, a vacation bench of the Allahabad High Court today came down heavily on the Uttar Pradesh government over its delay in disbursing ex-gratia compensation to the families of those who died on the night of Shahi snan of Mauni Amavasya at the Kumbh Mela in Prayagraj (January 29).Terming the State's conduct as 'untenable' and reflective of 'apathy to the plight of the citizen', the Court emphasized that once the government had announced compensation, it was its 'bounden duty' to ensure timely and dignified payment.The court also expressed concerns over a dead body of a stampede victim in Kumbh Mela being handed over to the family without any autopsy or postmortem by the state run Motilal Nehru Medical College, Prayagraj. Essentially, the Court was hearing a plea for compensation filed by the husband of deceased who had succumbed to the injuries during the stampede. Noting the extent of injuries on the body the deceased, which included crushed rib cage, the bench of Justice Saumitra Dayal Singh and Justice Sandeep Jain observed “If a person was admitted to any hospital, documentation offered by the government agencies should reflect the same and should have been communicated to the petitioner. If any patient was brought dead to a hospital, that statement should have also been recorded and made known to the concerned. In any case, it should have been made known to the petitioner, from which hospital and in what circumstance, the dead body of his wife came to be deposited in the mortuary from where it was handed over to the petitioner's son. If that body had been found lying unclaimed at any place, appropriate police action ought to have been proceeded or followed that discovery of the dead body. No fact disclosure in that regard, exists.” The Court was alarmed at the fact that body was handed over in February but no compensation had been paid to the family of the deceased. Dealing with the petition, the Court directed that the petition be treated as a representation by the State Authorities. “Prima facie, we find the stand taken to be untenable and smacking of apathy to the plight of the citizen, inasmuch as the occurrence may have been caused for reasons beyond the control of the State, at the same time having realised the consequence of that occurrence and having announced a scheme for payment of ex- gratia compensation, it was the bounden duty of the State to pay up the compensation to the aggrieved families with utmost grace and dignity,” observed the Court. Observing that the citizens were not at fault, the Court observed that State was duty bound to offer remedies and care where such unintended loss was suffered by the citizens.The bench directed to be impleaded as respondents and sought detailed affidavits disclosing all deaths and medical handling of victims between January 28, 2025, and the end of the Mela. The Court also ordered disclosure of the number of claims received, settled, and pending, highlighting the State's responsibility as trustee of its citizens. The Court directed impleadment of multiple medical institutions and authorities in Prayagraj as parties to the petition and directed them to file affidavits disclosing all deaths and medical handling of victims between January 28, 2025, and the end of the Mela. The affidavits must disclose full facts (date wise) of all patients and dead bodies that may have been brought to those facilities and establishments under their control and of dead bodies dispatched by them, beginning 28.01.2025 to the end of the Kumbh Mela, the Court directed. The Court has further directed them to furnish details regarding any person who would have been declared dead or brought dead to any medical facility including the details of the doctors who would have treated them. The State has been directed to furnish details regarding compensation claims received and disbursed along with the details of pending claims.

Mahakumbh Stampede | Allahabad HC Raps UP Govt For Apathy Over Compensation Delay, Seeks Details Of Deceased

LIVELAW NEWS NETWORK

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Mahakumbh Stampede | Allahabad HC Raps UP Govt For Apathy Over Compensation Delay, Seeks Details Of Deceased

LIVELAW NEWS NETWORK

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

This is a premium content
Available exclusively to
Our subscribers