"The Idea Of All This Is To Make A Big Deal About Incidents": Supreme Court Refuses To Entertain Plea Seeking Probe Into Hatharas Stampede

Update: 2024-07-12 08:00 GMT

The Supreme Court has refused to entertain a Public Interest Litigation (PIL) filed by Advocate Vishal Tiwari seeking probe into the recent Hatharas Stampede that reportedly left 121 dead.

The Bench of Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra directed the petitioner to approach the High Court. 

During the hearing today, the petitioner appearing in-person contended that this is not the first incident. 

To this, the CJI said, "You file this in the High Court." 

"The idea of all this (PIL) is to make a big deal about incidents, obviously these are very disturbing incidents. Courts (High Courts) are robust, courts are meant to deal with these kinds of issues," the CJI remarked. 

Additional Solicitor General (ASG) KM Nataraj appeared for the Union of India. 

Tiwari contended, "All states are parties to the plea, the issue is regarding the medical facilities."

Taking note of the submissions, the Court ordered, "Liberty to move the competent High Court, in exercise of its jurisdiction under Article 226 of the Constitution."

Tiwari requested the Court to send the present plea to the High Court. However, the Court refused his prayer and said, "We will not send this petition, you move the High Court." Accordingly, the Court disposed of the Petition. 

Advocate Vishal Tiwari had filed the Writ Petition on July 3, requesting the Apex Court to appoint a five-member expert committee under a retired Supreme Court judge to investigate the stampede. The petition also sought the establishment of safety guidelines for mass gatherings.

The petition emphasized the state's failure in crowd control and safety supervision. It called for the Uttar Pradesh government to submit a status report and take legal action against those responsible for the negligence.

Additionally, the petition urged States to issue guidelines to prevent stampedes and ensure public safety at large events. It cited past incidents, including the 1954 Kumbh Mela stampede, the 2007 Mecca Masjid stampede, the 2022 Mata Vaishno Devi shrine deaths, the 2014 Dussehra celebrations in Patna, and the 2011 Sabarimala stampede in Idukki, highlighting the need for better safety measures.

Cause Title: Vishal Tiwari v. Union of India & Ors. [W.P. (C) No. 428/2024]

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