Vaishno Devi Stampede: Jammu & Kashmir High Court Closes PIL To Make Inquiry Report Public, Says Steps Taken By Shrine Board Satisfactory

The Jammu and Kashmir and Ladakh High Court has expressed its satisfaction with the measures taken by the Vaishno Devi Shrine Board to streamline the yatra and ensure safety of pilgrims, following the deadly stampede in the intervening night of 2021-22.

A bench comprising Chief Justice N Kotiswar Singh and Justice Waim Sadiq Nargal thus closed the PIL filed by a practising lawyer seeking to make public the inquiry report of 3 Members Committee constituted by the UT government. 12 devotees died and several were left injured in the incident.

The petitioner argued that the Shri Mata Vaishno Devi Shrine Act, 1988 vests the administration, management, and governance of the Shrine in a board comprising a chairman and not more than 10 members and the board may appoint a Chief Executive Officer (CEO) and other officers and servants necessary for the efficient discharge of its functions.

The petitioner's counsel further submitted that the stampede incident occurred due to the unprecedented number of pilgrims allowed to reach the shrine, coupled with mismanagement and lack of supervision. The board's chairman constituted a high-level committee to ascertain the causes and fix responsibility for the incident. However, the committee failed to submit its report within a week, as ordered, and the petitioner filed a representation before the respondent to make the report public, petitioner submitted.

Aggrieved, the petitioner filed the present petition in public interest.

The counsel for Shrine Board contended that sincere efforts were made to provide basic facilities to the pilgrims, resulting in an increase in the number of yatris. Further, a detailed affidavit was filed indicating the safety measures put in place for effective yatra management from Katra onwards upto the holy cave which included: Yatra registration; reducing time of 'attka aarti' to accommodate more pilgrims for darshans; Deployment of beat officers to avoid rush; etc.

The affidavit also provided details of mid-term and long-term measures taken by the Shrine Board. These includes Slope Stabilization,; construction of a Sky Walk, Exit Track; setting up Announcements/video walls; etc.

After perusing the record and detailed reply affidavit, Justice Nargal writing for the bench opined that the Shrine Board has taken all measures including short term, medium and long term with a view to streamline the yatra, besides taking all safety measures for the safety of the pilgrims. Not only this, even the Board has undertaken various activities through its Administration and Operations Wing, for better management and facilitation of pilgrims, the bench added.

Further, taking on record the assurances of counsel for the Union Territory that appropriate action as warranted in terms of the Inquiry Report will be taken, the court closed the PIL.

Case Title: Sheikh Shakeel Ahmed Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 105

Click Here To Read/Download Judgement