Bengaluru Stampede | 'Acted Like RCB's Servant, Embarrassed Govt': State Defends IPS Officer's Suspension Before Karnataka HC

Justifying the suspension of IPS officer Vikash Kumar Vikash over the Bengaluru Stampede incident, the State Government today submitted before the Karnataka High Court that the concerned cops of the state government acted as the 'servants' of the RCB and that their conduct caused embarrassment to the Government.Senior Counsel PS Rajagopal (for the State government) submitted before a bench of Justice SG Pandit and Justice TM Nadaf that even before the final IPL match began, RCB had submitted an application to police officers outlining their proposed victory celebration (if they win), and from that point onward, the officers began acting as 'servants of RCB', making bandobast security arrangements without even first asking who had authorised the public event."The most straightforward thing for the IPS Officer to tell was: you (RCB Management) have not taken permission. Had they (cops) done that, then they (RCB) may have come before the High Court, and the law would have taken its own course", he submitted.He submitted that RCB's first IPL win was emotionally charged and expected to attract massive crowds, and despite this, officers failed to alert the public about safety measures or coordinate with higher authorities, which ultimately led to embarrassment and operational failure.Relying on Section 35 of the State Police Act [Power to prohibit certain acts for prevention of disorder], he submitted that the police had "all the power to take action", which they failed to exercise, and this amounted to a clear dereliction of duty. Rajagopal also pointed out that no guidance had been taken from senior officials. "The root of the matter is that the matter was not discussed with higher-ups", he submitted. He further claimed that no punishment had been given to them and the state had, as an interim measure, merely kept the officers "out of mischief".When the Bench asked who was responsible for arrangements inside the stadium, he responded: "State police officials". He added that the incident speaks for itself; evidently, the arrangements were inadequate.Rajagopal also extensively contested the Tribunal's reasoning, particularly its exoneration of the police. Reading from the CAT's observations, Rajagopal took sharp exception to the CAT's remark that police personnel are also human beings, neither God (Bhagwan) nor magicians.He submitted:"Excellent story, this story can be told to grandchildren by grandparents, but it can't be told to the litigants by the Tribunal", he said as he questioned whether the CAT was speaking for the Police Union or for the case in question.The division bench also heard a senior counsel appearing for RCB, who argued that the CAT order unfairly put the blame for the incident on the IPL team, even though it was not a party to the proceedings. To this, the state's counsel remarked that if the observations against RCB are set aside, the entire order would fall.Background of the caseThese submissions were made in a plea moved by the State government challenging the Central AdministrativeTribunal's (CAT) order quashing the suspension of IPS officer Vikash Kumar Vikash, who was held responsible by the state government along with four others for alleged negligence in the stampede near Chinnaswamy Stadium, ahead of RCB's IPL victory celebration. The mishap, which occurred on June 4, claimed 11 lives and left 33 injured. Briefly put, it was on July 1 that the CAT quashed the suspension, observing there was no convincing material showing negligence. The Tribunal found that the Police did not get time to make arrangements since RCB suddenly posted about the event on social media without seeking prior permission. The tribunal, while prima facie finding RCB to be responsible for the gathering of about three to five lakh people, said, "…police personnel are also human beings. They are neither “God”(Bhagwan) nor Magician and also not having the magic powers like “Alladdin ka Chirag” which was able to fulfil any wish only by rubbing a finger . To control the aforesaid type of gathering and for making the proper arrangements sufficient time should be given to the Police". The Tribunal had directed the State to reinstate Vikash immediately, treating the period of suspension as on duty with full pay and allowances. Following this, on July 2, Advocate General Shashi Kiran Shetty told the High Court that the officer had returned to duty in uniform “soon after the order”. The AG then sought an early hearing, but the Court listed the matter for the next day, directing the State to “clear all office objections and serve the other side.” No stay was granted at that stage. On July 3, a division bench of Justice SG Pandit and Justice TM Nadaf asked the State to justify the suspension, observing orally: "You have to justify whether it was proper to keep the officers under suspension, or whether shifting of the officers to another post would have been sufficient". ...

Bengaluru Stampede | 'Acted Like RCB's Servant, Embarrassed Govt': State Defends IPS Officer's Suspension Before Karnataka HC

Sparsh Upadhyay

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Bengaluru Stampede | 'Acted Like RCB's Servant, Embarrassed Govt': State Defends IPS Officer's Suspension Before Karnataka HC

Sparsh Upadhyay

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