Indore Water Contamination Case: MP High Court Orders Probe By Retired HC Judge

Dealing with a lawyer's plea concerning the recent water crisis in Indore, the Madhya Pradesh High Court on Tuesday (January 27) constituted a one-man Judicial Commission headed by Retired Justice Sushil Kumar Gupta to inquire into the issues relating to water contamination in Bhagirathpura, Indore, and its impact on other areas of the city.

The division bench of Justice Vijay Kumar Shukla and Justice Alok Awasthi observed;

"Considering the gravity of the allegation and affecting the right to life under Article 21 of the Constitution of India and the need for an independent fact-finding exercise, the Court is of the opinion that the matter requires investigation by an independent, credible authority. Accordingly, we appoint Justice Sushil Kumar Gupta, Former Judge of Madhya Pradesh High Court, a one-man commission of inquiry into the issues relating to water contamination in Bhagirathpura, Indore, and its impact on other areas of the city".

During the last hearing, the bench clarified that safeguarding health through immediate access to clean drinking water and medical treatment was more important and had thus postponed consideration of the demand for an independent probe by a retired High Court Judge.

Previously, the Court had issued directions for emergency measures and restoration of clean water, fit for human consumption. It had emphasized that Article 21 also includes the Right to clean and safe drinking water.

The court noted that the State Government and Indore Municipal Corporation, in compliance with the last order, filed interim reports along with the institution of a High-Level Committee to inquire into the causes of contamination.

However, the counsel for the petitioners disputed the said interim reports, arguing that, in reality, safe drinking water was not being supplied per the orders. They filed a number of media reports stating the contrary. They also claimed that the death toll from contaminated water was 30 people.

The State, in yesterday's hearing, filed a death audit and analytical report, about 23 deaths occurred out of which 16 were due to contamination, and others were probably related to an epidemic and were inconclusive.

The counsel for the petitioners, however, drew the attention of the court to the remarks mentioned in the death report, noting that the reports were based on information, case sheets and verbal autopsy.

The bench, although, noted that the State was unable to clarify what a verbal autopsy was.

Thus, the bench noted, "considering the serious issue concerning contamination of the drinking water supply in the Bhagirathpura area of Indore, which allegedly results in widespread health hazards to residents, including children and elderly persons. According to the petitioners and media reports death toll is about 30 till today, but the report depicts only 16 without any basis or record".

The court noted that the failure of civic authorities to maintain portable water standards led to the outbreak of water-borne diseases. "Photographs, medical reports, and complaints submitted to the authorities prima facie indicate a matter requiring urgent judicial scrutiny", the bench emphasized.

Thus, the bench deemed it important to appoint an independent and credible authority to conduct an investigation and appointed Former Judge of the High Court, Justice Sushil Kumar Gupta.

The bench further issued detailed guidelines of the committee, including terms of reference, public health inputs and the power of the commission.

The case was listed for March 5, 2026.

Case Title: Ritesh Inani v State [WP-50628-2025]

Click here to read/download the Order