The Bombay High Court has taken a significant step in the investigation into the tragic nightclub fire in Goa by clubbing a public interest litigation (PIL) demanding a court-monitored probe with its own suo motu petition. The court will hear both matters together on January 12.
Court Consolidates Cases for Comprehensive Hearing
On Tuesday, the High Court bench decided to tag the PIL filed by social activist Aishwarya Salgaonkar alongside its own suo motu PIL registered just a day earlier, on Monday. Salgaonkar's petition will also be heard concurrently with a writ petition filed by Pradeep Amonkar and Sunil Divker. The court's suo motu action focuses on the broader issue of commercial establishments operating from illegal structures, a key factor in the fire tragedy.
Following the hearing, advocates Gaurish Agni and Ankur Kumar, representing petitioner Salgaonkar, addressed the media. They clarified that the PIL seeks one of three possible investigative avenues: a High Court-monitored inquiry, an investigation led by a retired High Court judge, or the formation of a Special Investigation Team (SIT) that would operate independently of the ongoing magisterial inquiry.
Demand for an Impartial Investigation Body
Advocate Agni explained the rationale behind seeking an independent authority. "We found that the authorities themselves were somewhere lacking in their permissions," he stated. He emphasized the conflict of interest when a higher-ranking officer investigates the conduct of subordinates, questioning the impartiality of such a process. "We are asking for an independent authority to conduct this inquiry. We are not discarding the inquiry that the government is doing," Agni added, noting that the collector has already begun an inquiry and the state government has initiated its own process.
The High Court has currently opted to await the state government's response, which must be filed before the next hearing on January 12. "The high court has said let's wait for the response of the state so it can tell the court of the progress of this inquiry. If the court feels there should be further inquiry or a more supervisory inquiry, it can direct this because the high court is a superior court," Agni concluded.
PIL Seeks Statewide Fire Safety Overhaul
Beyond the investigation into the specific incident, Salgaonkar's PIL pushes for sweeping preventive measures. It urges the court to direct the government to conduct a statewide fire safety audit of all nightclubs, restaurants, hotels, bars, beach venues, and public assembly buildings. Furthermore, it demands the closure or demolition of any establishments found to be operating without proper construction licenses, occupancy certificates, or fire safety compliance.
The petition argues that relying solely on government-ordered magisterial inquiries, as was done after this fire and the earlier Devi Lairai jatra stampede that claimed seven lives, is "wholly inadequate." It contends that such inquiries lack independence, lack the power to investigate senior officials, and rarely lead to concrete reforms or criminal accountability.
The consolidation of these cases sets the stage for a crucial hearing on January 12, which could determine the course of the investigation and potentially mandate a major fire safety crackdown across Goa.
