A court in Jammu and Kashmir has sought an action-taken report from police over a complaint seeking that Shri Mata Vaishno Devi Shrine Board (SMVDSB) officials be booked for alleged criminal negligence that resulted in the deaths of 34 pilgrims in a landslide en route to the cave shrine in Reasi district in August.
The landslide, triggered by a cloudburst, struck the pilgrim route at Adhkuwari in the Trikuta hills on August 26, killing 34 people and injuring 20. Lieutenant Governor Manoj Sinha constituted a three-member committee on August 29 to probe the causes behind the landslide.
“As more than a month and a half have passed since the filing of this application, before resorting to the provisions of section 175(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), I deem it appropriate to call for an action-taken report from the senior superintendent of police, Reasi, and the SHO, Bhawan Police Station,” Sub-Judge, Katra, Sidhant Vaid said in an order on Thursday.
The court further noted that under section 175(3) of the BNSS, a magistrate may, after considering an application and submissions from police, order an inquiry before directing for an investigation.
The judge also observed that the complainant had followed the mandate of sections 173(1) and 173(4) of the BNSS, having submitted applications for the registration of an FIR to the Adhkuwari police post in-charge, the station house officer of the Bhawan police station on August 28, and to the SSP, Reasi, on September 16.
“As such, a copy of this order, along with the application, be forwarded to the SSP, Reasi, and SHO, Bhawan Police Station, to submit the action-taken report on the applications filed by the complainant within two weeks,” the court directed.
The complaint, filed by Rohit Bali, has sought an FIR under sections 105 (culpable homicide) and 106 (causing death by negligence) of the Bharatiya Nyaya Sanhita (BNS) and other relevant provisions against the SMVDSB CEO and other officials for alleged negligence in performing their duties, which resulted in the deaths of the 34 pilgrims.
It has alleged that despite red-alert warnings for heavy rains and flash floods on August 25-26, the CEO and other officials of the board failed to halt the Vaishno Devi yatra or issue an advisory. It has also claimed that due to the inaction of the SHO and police post in-charge, a representation was made to the SSP on September 16, seeking directions to register an FIR based on the August 28 complaint, which disclosed cognisable offences.
The court cited section 175(3) of the BNSS, which empowers a magistrate under section 210 to order an investigation after considering an application supported by an affidavit filed under section 174(a) and submissions made by a police officer following an inquiry.
