Madras High Court Constitutes Special Investigation Team to Probe Political Roadshow Tragedy
State's duty to register suo motu FIRs in cases of public calamities even in absence of formal complaints. Court Orders SOP Development for Public Events After Stampede Claims 41 Lives in Tamil Nadu
In a landmark decision, the Madras High Court has ordered the formation of a Special Investigation Team (SIT) to conduct an impartial investigation into the tragic events during a political roadshow in Tamil Nadu, which resulted in the loss of 41 lives. The incident, described as a human stampede, occurred during an event organized by the Tamilaga Vetri Kazhagam party and has drawn widespread condemnation due to the lack of safety measures and accountability.
The petitioner, P.H. Dinesh, sought the court's intervention to ensure that such tragic events do not recur. The court, presided over by Justice N. Senthilkumar, noted the large-scale violations by the organizers and the absence of responsibility, directing the constitution of a SIT to ensure a thorough and impartial investigation. The SIT is to be headed by Mr. Asra Garg, Inspector General of Police (North Zone), with full cooperation from the state government.
The judgment emphasizes the State's duty under Article 21 of the Indian Constitution to register suo motu First Information Reports (FIRs) in cases of public calamities, even in the absence of formal complaints, to uphold accountability and public safety measures. The court also stressed the need for framing Standard Operating Procedures (SOPs) for conducting public events to prevent similar tragedies in the future. Until the SOPs are framed and approved, the State is prohibited from granting permissions for public meetings on highways.
The court's decision comes in the wake of multiple communications and permissions granted to the political party, which were allegedly violated, leading to the disaster. The court also noted the failure of the organizers, including the party leader, Mr. Vijay, to take responsibility or express regret, further highlighting the need for accountability.
The court's decision to widen the scope of the writ petition due to the extraordinary circumstances reflects its commitment to ensuring justice and preventing future occurrences. The SIT has been tasked with seizing all available CCTV footage and materials related to the incident to facilitate a comprehensive investigation. The court's directive underscores the importance of public safety and the need for stringent measures to manage large gatherings effectively.
Bottom Line:
Court takes cognizance of tragic events during a political roadshow, resulting in loss of lives and directs the constitution of a Special Investigation Team (SIT) for impartial investigation and framing of Standard Operating Procedures (SOP) for conducting public events.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 105, 110, 125(b), 223; Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 Section 3; Constitutional Law - Article 21
P.H.Dinesh v. Home Secretary Government of Tamilnadu, (Madras) : Law Finder Doc Id # 2788520
