KOCHI: Justice S Gopinathan, who probed the Puttingal fireworks tragedy which claimed 110 lives and crippled nearly 400 persons, has held the then district collector, police and politicians apart from the organisers and fireworks contractors responsible for the disaster in the inquiry commission report, which TNIE has accessed. Though the report was submitted in July, the state cabinet is yet to consider it. If the government accepts the report, it will land the collector, police officers and senior officials of Kollam district administration in a spot.
The commission has also indicted Congress leader and former MP P Peethambara Kurup for his role in influencing the administration to grant permission for the fireworks display. “What happened that day was the eventual denouement of a criminal and unconscionable disregard for law and public safety that had fossilised over the years, for which responsibility rests equally on the shoulders of the organising committee, the fireworks contractors as well as the authorities including the police, district administration, fire and rescue services and pollution control board.
The mishap was a tragedy waiting to happen — one that was in the making over the past so many years — right under the watch of the keepers of the law,” stated the report. The commission found that, in 2016, the display was carried out in an extremely negligent manner by the festival organisers and fireworks contractors. The slack regulation by the district administration and other agencies compounded the hazard of the display.
The licence for the fireworks was issued in a lax manner, without ensuring strict compliance with the rules and procedures, the commission observed. There was no competent person appointed to supervise the fireworks display. The fact that the display was intended to be a competitive one was suppressed. When the application for licence was under process, the temple committee made all arrangements for the display of the huge quantity of fireworks and started storing the fireworks in various locations in and around the temple, the report said.
FESTIVAL ENDED IN FIRE
● On April 10, 2016, during the Meenabharani festival celebrations at the Puttingal Devi temple, Kollam,
the fireworks display resulted in a massive explosion and fire
● 110 persons were killed and hundreds severely injured
MAJOR FINDINGS OF THE Gopinathan PANEL
Commission held the then collector, police and politicians, organisers and fireworks contractors responsible
Though 75 personnel were put on bundobast duty, more than 50 per cent of them were not present on the premises. Due to the skeletal presence of the police, the safety norms were completely ignored
The failure of then circle inspector and sub-inspector of police to get instruction from the assistant commissioner of police and district police chief when the fireworks started without the licence would indicate that the CI and SI were in favour of conducting it irrespective of the fact that no licence was produced
The absence of the district collector and additional district magistrate (ADM) from the headquarters without making alternate arrangements paved the way for non-disposal of the second report regarding fireworks. Had they conveyed their refusal to permit the display in clear and unambiguous terms, the display would not have occurred
The ADM had also given silent consent to allow the temple committee members to conduct the fireworks display. The tahsildar who had asked permission to take steps to stop display as the executive magistrate was dissuaded by the ADM by stating that he had given necessary direction to the police
Though the second report was given recommending grant of licence for the display by the contractors from 10pm to 1am using less than 15 kgs of fireworks, the CI and SI allowed the display using huge quantities and beyond 1 am
The CI and SI failed to prevent the display without production of licence
The CI and SI failed to prevent the display without production of licence
The CI’s second report recommending grant of licence appears to have been given without application of mind
The CI and SI failed to report the conduct of fireworks display without a licence to the ACP and DPC, and take instructions to stop the display
Many of the police personnel deputed on bundobust duty were absconding. The inaction on the part of the ACP, who visited the temple at 7.30pm, became a passive permission for the display
The then SI, CI, ACP and the DPC failed to comply with the direction issued by the state police chief in 2007 about conduct of fireworks
The ADM left the headquarters without handing over charge or making alternate arrangements for disposal of urgent matters
The Pollution Control Board rendered itself ineffective by failing to impose any condition or restriction
The assistant divisional fire officer failed to ascertain whether there was sufficient space on the temple premises to implement the conditions imposed by him while granting NOC
FINDINGS AGAINST DIST COLLECTOR
The district collector’s failure to take action on the report became an informal approval of the display
The collector failed to coordinate with the police
The district administration failed to comprehend the gravity of the situation and carried out their duties mechanically
OBSERVATION AGAINST MP
The ADM had initially declined to accept the application for grant of licence, but he changed in his decision due to the intervention of MP Peethambara Kurup
Puttingal
April 10, 2016: During the Meenabharani festival celebrations at the Puttingal Devi temple, Kollam, the fireworks display resulted in a massive explosion and fire, killing 110 persons and severely injuring several hundred others. Besides, several houses situated nearby suffered extensive damage.
April 11, 2016: Justice V Chitambaresh (since retired) sends letter to Kerala High Court Chief Justice seeking suo motu action and suggested that fireworks should be banned at festivals and religious functions.
April 12, 2016: Kerala High Court swings into action and bans use of high-decibel crackers and fireworks display in places of worship after dusk .
April 12, 2016: Police arrest 13 persons including members of the temple managing committee and contractors.
February 8, 2017: LDF government appoints Justice P S Gopinathan as judicial commission to probe the incident. He was entrusted with the task after Justice N Krishnan Nair tendered his resignation.
July 17, 2019: Inquiry Commission submits report before the state government and it is still pending before it.