A court in Katra on Saturday declined to initiate criminal proceedings against officials of the Shri Mata Vaishno Devi Shrine Board concerning the devastating landslide of August 26, which claimed the lives of 35 pilgrims. The judicial magistrate concluded that the tragic incident was primarily caused by a natural calamity and did not find evidence of prosecutable negligence on the part of the authorities.
Court's Reasoning on Criminal Liability
The court, presided over by Sub-Judge (Judicial Magistrate First Class) Sidhant Vaid, laid out the legal requirements for establishing criminal liability in such cases. It emphasized that for a case under Section 106 of the Bharatiya Nyaya Sanhita, which deals with causing death by rash or negligent acts, there must be clear proof of gross negligence, foreseeability of harm, and a direct causal link between an act or omission and the deaths.
The judge stated that a "mere error of judgment or an administrative lapse does not suffice" to constitute criminal negligence. The court also ruled out charges of culpable homicide not amounting to murder, noting that the complaint itself alleged negligence, not any intent to cause harm.
Allegations Against Shrine Board and Court's Findings
The plea for legal action had accused shrine board officials, including the chief executive officer, of acting negligently. It claimed they allowed the pilgrimage to continue despite specific weather advisories issued by the Meteorological Centre in Srinagar and the Jammu and Kashmir Disaster Management Authority.
The complainant argued that this failure to suspend the yatra amounted to criminal negligence and warranted the registration of a First Information Report (FIR). However, after examining the material presented, Judge Vaid determined that the "proximate and immediate cause" of the incident was the natural landslide. The court observed that even if the allegations about ignoring weather warnings were taken as true, it would, at best, constitute an administrative lapse, not a criminal act.
Separate LG-Ordered Inquiry Remains Unaffected
Importantly, the court made a clear distinction regarding a separate probe ordered into the tragedy. It stated that its order does not affect the independent inquiry that Lieutenant Governor Manoj Sinha had directed just three days after the landslide. That administrative inquiry is tasked with examining all circumstances that led to the fatalities.
This ruling brings a significant legal closure to the criminal aspect of the case, shifting the focus to the findings of the ongoing administrative investigation to understand the full sequence of events and any potential lapses in protocol.
