The Calcutta High Court has declined to directly supervise the investigation into the deadly Chorebagan Durga Puja pandal stampede in Kolkata, while permitting the West Bengal government to appoint a retired High Court judge of its choice to head a commission of inquiry into the tragedy.
A Division Bench headed by Chief Justice Ravindra V Ghuge observed that a sitting judge could not be assigned to head the proposed inquiry in view of the applicable Supreme Court guidelines. The Bench indicated that the State government could instead select a retired judge to lead the investigation into the circumstances surrounding the incident and identify those responsible.
The October 17 stampede at the Chorebagan Sarbojanin Durgostav Samity pandal in north Kolkata claimed 19 lives and left several others injured. The tragedy occurred during the Durga Puja celebrations, prompting demands for an independent and time-bound investigation into the circumstances that led to the loss of lives.
The High Court was hearing a public interest litigation filed by a lawyer seeking an independent and expeditious probe into the incident. The proceedings also took note of the State government’s request for a sitting judge to head the proposed inquiry.
The State had approached the Chief Justice seeking the appointment of a sitting judge to oversee the investigation, with the objective of ensuring an impartial examination of the incident. However, the Bench clarified that a sitting judge could not be assigned the responsibility in light of the Supreme Court’s guidelines and the constraints affecting the availability of judges.
The Court accordingly indicated that the government could constitute a commission headed by a retired judge of the High Court. The proposed inquiry is expected to examine the circumstances leading to the stampede, the adequacy of safety arrangements at the pandal and the role of individuals or authorities whose lapses may have contributed to the tragedy.
The decision followed Chief Minister Suvendu Adhikari’s announcement that the government would seek judicial involvement in the investigation. Following the Court’s direction, the Chief Minister indicated that the State would proceed with an inquiry committee headed by a retired judge and make its findings public after receiving the report.
The stampede has raised serious questions concerning crowd management and the safety arrangements at the venue. Reports have pointed to congestion at the exit, adverse weather conditions and possible shortcomings in the arrangements made to manage the gathering.
Police have arrested seven people, including two members of the puja organising committee, in connection with the incident. The accused have been booked under provisions relating to culpable homicide not amounting to murder and attempted culpable homicide. Investigators are also examining CCTV footage to reconstruct the sequence of events and determine potential responsibility.
The High Court declined to assume direct monitoring of the inquiry at this stage, leaving the State government to appoint a retired judge to head the commission. The investigation is expected to establish the causes of the stampede and examine whether negligence or failures in crowd-control arrangements contributed to the deaths.
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