A local court in Katra has absolved the management of the Shri Mata Vaishno Devi Shrine Board of charges of criminal negligence in the tragic incident that claimed the lives of 35 pilgrims earlier this year. The court attributed the deaths solely to a natural disaster that could not have been foreseen.
The Court's Verdict on the Tragic Incident
On Saturday, Sub Judge Sidhant Vaid in Katra disposed of a complaint that sought the filing of an FIR against the shrine board's Chief Executive Officer, Sachin Kumar Vaishya, and other officials. The complaint alleged that their failure to act on weather warnings led to the fatalities. The court, however, found no evidence of criminal negligence.
Judge Vaid stated that the immediate cause of the unfortunate event was unequivocally a natural disaster. This conclusion was based on police statements and the sequence of events. The court noted that the pilgrimage was halted as required and that the board followed its Standard Operating Procedures (SOPs).
The tragic incident occurred on August 26, when a sudden cloudburst triggered landslides near Ardhkuwari, a key point on the trek to the holy shrine. The disaster resulted in the death of 35 devotees.
Weather Advisories and Administrative Lapse
The court addressed the crucial issue of weather advisories issued by the Indian Meteorological Department (IMD). The judge observed that these advisories only indicated a possibility of adverse weather. The final decision for the smooth conduct of the yatra depended on the actual ground conditions at that time.
In a significant observation, the judge stated that even if the allegations in the complaint were presumed true, any non-compliance with the meteorological advisories would constitute, at most, an administrative lapse. He emphasized that such a lapse does not contain the essential element of criminal negligence required to register a case.
The complaint was filed by Rohit Bali, a resident of Talab Tillo, Jammu. He had accused the shrine board officials of ignoring red alerts and adverse weather forecasts, which he claimed amounted to criminal negligence.
Ongoing Enquiry and Final Ruling
The court made it clear that its order does not affect the separate enquiry initiated by the Lieutenant Governor of Jammu and Kashmir on August 29. That administrative probe into the incident remains ongoing.
Ultimately, the court upheld that nobody could have predicted a natural calamity of such magnitude. The ruling brings a judicial perspective to a deeply emotional case, distinguishing between a tragic act of nature and criminal culpability, while leaving room for administrative accountability through the LG's enquiry.
