NEW DELHI: "Go to High Court," the Supreme Court on Friday said, while refusing to entertain a PIL filed by lawyer Vishal Tiwari who sought to appoint a five member panel under the supervision of former SC Judge so as to enquire into the Hathras stampede case that claimed 121 lives.
The three-judge bench of the top court, led by Chief Justice D Y Chandrachud, observed that of course, these are disturbing incidents. He at the same time for the bench said that the HC was equipped to deal with this case. The other two judges in the bench apart from the CJI, who heard Tiwari's plea were Justices J B Pardiwala and Manoj Misra.
The petitioner's lawyer, however, kept on insisting on appropriate directions and orders in the issue and submitted to the top court that this is about medical facilities. But the CJI refused to entertain his plea and asked Tiwari to move to the HC to address his petition.
The lawyer, Tiwari, filed the Public Interest Litigation (PIL) in the top court and sought direction to appoint a five-member expert committee under the supervision of a retired Supreme Court judge. He also sought that the SC directs the committee to suggest and frame guidelines and safety measures to avoid such incidents in public gatherings. He also sought a court-monitored probe in the case.
Tiwari, in his plea, sought direction to the State of Uttar Pradesh to submit a status report before the apex court in the alleged and horrific Hathras stampede incident and initiate legal action against the persons, authorities and officials for their negligent conduct.
The Hathras incident depicted the drastic condition and fate of people due to the lapses, negligence and utter failure of administration purported by the government authorities, the plea filed by Tiwari, said.
"From the 1954 Kumbh mela Stampede accident, leading to 500 casualties, and the recent incident of death of more than 100 people in the Stampede during Satsang Event in Hathras District of Uttar Pradesh, it is clear and visible that nothing in the administration activity of our country has changed wherein such actions could have been avoided by showing reasonable duty of care and upfront repair and development activity," Tiwari said in his PIL filed before the apex court.
We failed to learn anything from the past incidents, it is sad, he said.
There should be absolute liability on the Central and State Government to put public interest at large and work in accordance to public welfare, he added.
"Quite often there are reports of casualties occurring due to over crowd and lack of management by the administration and its municipal bodies thereby causing severe public casualties," Tiwari said.
The Hathras incident happened as there was no adequate security facilities and arrangements been made, he said.
"The administration failed in its duty to manage, avoid and prevent such unexpected tragedy or accident. The Priest/Baba who organized the event is missing and it is not known about his whereabouts. He has gone underground. There are several questions been raised on the administration and police arrangement. There was not any medical arrangement to face any such emergency situation neither adequate measures were taken to prevent such horrific incidents. Whenever such incidents happens mostly the Common and poor people becomes victim," Tiwari said in his plea.
There were several questions that are brewing up from this horrific incident of stampede thereby questioning the duty and lapse of State Government and Municipal Corporations. Besides this, it was also being said that the authorities had failed in their duties in maintaining and administering the supervision, in controlling the crowd gathered for the event, he said.