KOCHI: The Crime Branch has sought legal opinion on implicating officers of Kollam district administration and police, who failed to discharge their duty in a responsible way, which led to the Puttingal tragedy, which claimed 110 lives. The investigation team, which arraigned 52 persons as accused in the case, has slapped murder charges on 37 of them, including the temple committee members and fireworks contractors. No government official was implicated in the case though there was an alleged dereliction of duty on their part. The Judicial Commission also found serious lapses on the part of officials including the then district collector, additional district magistrate and senior police officers.
In his letter to the Director General of Prosecution dated November 13 seeking legal opinion, ADGP Tomin J Thachankary stated that the sanction for prosecution under the Explosive Substances Act by the district collector was received on April 9. The special prosecutor appointed by the government also examined the draft charge and approved it on August 6. However, the Crime Branch ADGP was of the view that the chargesheet will be a weak one without arraigning the officers who were equally responsible for the tragedy.
The letter accessed by TNIE points out several observations of the High Court. In 2016, the High Court had opined that “if there is any lack of supervisory control by the executive or the police, it has to be treated as dereliction of duty resulting in an activity which may tend to impair life and property. This ought to be visited with penal consequences in accordance with the law, apart from liability in compensatory jurisdictions.”
The High Court had also stated that an offence under Section 107 (Abetment of a thing) can be invoked when the executive and police officials fail to carry out their statutory and public duty of preventing the commission of offence punishable by law and also by not doing the needful to protect the life and property of the citizen.
While considering the bail application of an accused in the case, the High Court had observed that the “police officer, including the circle inspector of police, Paravoor, Kollam, and the commissioner of police, Kollam city, did not in any manner verify whether there was any such oral or written permission by the additional district magistrate. They just irresponsibly allowed the temple committee to conduct the fireworks display. These three police officers, who grossly erred in their duty must be appropriately dealt with by the government.”
The court added that “had the revenue officers and police officers having charge of the area been stern and firm in the matter of enforcement of the law, the unfortunate tragedy would not have occurred.”
A report submitted by the additional chief secretary (Home), on April 13, 2016, had stated that there was an absolute dereliction of duty and abdication of responsibility on the part of the ACP, Chathannoor, and DCP, Kollam city, in the tragedy.
The investigation team has listed the officers as witnesses in the case. And they are now planning to file a split final report and seek permission from the court to continue the probe to examine the involvement of officials and extra-constitutional influences.
The Crime Branch head doubted whether it is legally sustainable to file a split chargesheet and continue the probe after three-and-a-half years after the incident.