New Delhi: The Supreme Court ruled on Friday, "Go to High Court," declining to consider a public interest litigation (PIL) brought out by lawyer Vishal Tiwari, who wanted to form a five-person panel overseen by a former SC judge to look into the Hathras stampede incident, which cost 121 lives. Chief Justice D Y Chandrachud's three-judge panel of the highest court noted that these are undoubtedly unsettling occurrences.
He added on behalf of the bench that the HC was qualified to handle this case. In addition to the Chief Justice, the two other members of the bench who heard Tiwari's appeal were Justices J. B. Pardiwala and Manoj Misra.
However, the petitioner's lawyer persisted in seeking suitable rulings and directives in the matter, arguing before the highest court that this is a matter pertaining to medical facilities. However, the CJI turned down his request and instructed Tiwari to move to the HC so that his petition could be heard. In his Public Interest Litigation (PIL), lawyer Tiwari asked the highest court for guidance on the formation of a five-person expert group that would be overseen by a retired Supreme Court judge, the New Indian Express reported.
Additionally, he asked the SC to order the committee to develop rules and safety precautions to prevent similar incidents at public events. In the matter, he also requested a probe overseen by the court.
According to Tiwari's plea, the Hathras tragedy showed the catastrophic state and fate of people as a result of the supposed lapses, carelessness, and total failure of government administration.
"From the 1954 Kumbh mela Stampede accident, leading to 500 casualties, and the recent incident of death of more than 100 people in the Stampede during Satsang Event in Hathras District of Uttar Pradesh, it is clear and visible that nothing in the administration activity of our country has changed wherein such actions could have been avoided by showing reasonable duty of care and upfront repair and development activity," Tiwari said in his PIL filed before the apex court.
It's unfortunate, he remarked, that we didn't learn anything from the previous events. According to him, there should be an absolute liability on the Central and State Governments representing the public interest and acting in the interests of the general welfare.
"Quite often there are reports of casualties occurring due to over crowd and lack of management by the administration and its municipal bodies thereby causing severe public casualties," Tiwari said.
The Hathras incident happened as there were no adequate security facilities and arrangements had been made, he said.
"The administration failed in its duty to manage, avoid and prevent such unexpected tragedy or accident. The Priest/Baba who organized the event is missing and it is not known about his whereabouts. He has gone underground. There are several questions have been raised on the administration and police arrangement. There was not any medical arrangement to face any such emergency situation nor adequate measures were taken to prevent such horrific incidents. Whenever such incidents happen mostly the Common and poor people become victim," Tiwari said in his plea.
Several questions have arisen as a result of this horrific stampede disaster, calling into question the responsibility and lapse of the state government and municipal corporations. Aside from that, it was claimed that the authorities had failed in their obligations to maintain and administer supervision, as well as regulate the crowd gathered for the event, he said.