BENGALURU: The Bengaluru Bench of the Central Administrative Tribunal (CAT) held that the Karnataka government had "mechanically" suspended IPS officers without sufficient grounds over the stampede that claimed 11 lives during Royal Challengers Bengaluru’s (RCB) victory celebrations at Chinnaswamy Stadium, and stated that RCB was prima facie responsible for the massive, unregulated gathering.
The tribunal made these observations while quashing the suspension of Inspector General and Additional Commissioner of Police (West) Vikas Kumar Vikas and directed the state government to reinstate him immediately.
“Prima facie, it appears that the RCB is responsible for the gathering of about three to five lakh people. The RCB did not take the appropriate permission or consent from the police.
Suddenly, they posted on social media platforms and, as a result of the said information, the public gathered. Because of a shortage of time on June 4, the police were unable to make the appropriate arrangements. Sufficient time was not given to the police,” the tribunal observed.
“The public was gathered the whole night intervening June 3 and 4 on the streets of Bengaluru, and the police were making arrangements for the same. Another function was also organised by the state government in front of Vidhana Soudha. Police were also deputed there. Suddenly, the RCB created the nuisance without any prior permission. It cannot be expected from the police that within a short time of about 12 hours, they will make all arrangements required in the Police Act or in other rules, etc,” it said.
“Police personnel are also human beings. They are neither ‘God (Bhagawan)’ nor a magician, and also do not have the magic powers like ‘Alladin ka Chirag’ which was also able to fulfil any wish only by rubbing a finger.
To control the said gathering and for making the proper arrangements, sufficient time should be given to the police. But neither the information was given to the police for making the arrangements, nor was the permission applied or granted by the police.
The Karnataka State Cricket Association (KSCA) submitted a letter which also did not contain any request for the grant of permission or for making the arrangements. The letter shows only information regarding the intention.
Therefore, it was not expected from the police that, upon the basis of a letter submitted before the station in-charge of one police station, the police would make all arrangements all of a sudden,” the tribunal stated.
Quashing the suspension order dated June 5 while allowing the application filed by Vikas Kumar Vikas challenging the suspension, the CAT stated that the period of suspension will be treated as duty with full pay and allowances.
“We also feel our duty to draw attention of the state government towards the settled principle of law that where a citizen aggrieved by an action of a government department has approached the court and obtained a declaration of law in his/her favour, other similarly situated ought to be extended the benefit without the need for them to come to court,” said the Bench comprising Justice B K Shrivastava, Member (Judicial), and Santhosh Mehra, Member (Administrative).
Citing judgments of the apex court, the CAT said: “In the light of the settled position of law, we expect from the government that the government will give the same benefit to the other officers who were suspended by the same order.”
Bengaluru City Police Commissioner B Dayanand and DCP H T Shekhar were among other IPS officers suspended by the state government on charges of dereliction of duty.
The CAT also held that the action of suspending the police officers was not based on sufficient or substantial materials. “At the time of passing of the said order, there was no convincing material to show the default or negligence of the concerned police officers. It is stated in the said order, ‘despite the knowledge of these developments and expectation of huge turnout of cricket fans by the police, steps were not taken’. This portion of the order is not justified in the light of the prevailing circumstances on the said date. The police were not in a position to take any other steps to organise a huge gathering,” the tribunal said.
“Prima facie, it appears that, at the time of passing the impugned order of suspension, no material was available for showing the ‘substantial dereliction of duty’. There was no material for showing the fact that the police were having sufficient time to make all the arrangements. No permission was granted by the police because the concerned organiser did not apply for the permission as per the rules. As per the terms of inquiry, it is yet to be ascertained who was the responsible person for the lapses and deficiencies. In view of these circumstances, therefore, the impugned order was passed in a mechanical manner, and the order is not based upon convincing materials. The police officers have been suspended without any sufficient material or grounds. Hence, the impugned order is liable to be quashed,” the CAT observed.
