Not a sitting judge, the Chief Justice said: the Calcutta High Court has told the West Bengal government to name a retired High Court judge of its choice to head the Chorbagan stampede inquiry into the deaths of 19 people at the pandal.
Kolkata: Turning down the State’s request for a sitting judge, the Calcutta High Court directed on Tuesday that the Chorbagan stampede inquiry, into the incident at the Chorbagan Sarbojanin Durga Puja pandal in north Kolkata in which 19 people lost their lives, be led by a retired judge of the High Court. The West Bengal government has been told to set up a commission of inquiry [Chorbagan Durga Puja Stampede Inquiry Matter].
The matter was heard on October 20, 2026 by a Bench headed by Chief Justice Ravindra Vithalrao Ghuge. Appearing for the State, Chief Secretary Manoj Kumar Agarwal had asked for a sitting judge to be nominated to lead the inquiry. The Chief Justice said a directive of the Supreme Court bars the appointment of a sitting High Court judge to head the commission, and that the State may appoint whichever retired High Court judge it prefers.
The commission’s brief
The commission is to look into what caused the stampede and whether any individuals or authorities were seriously negligent. The Court indicated that it would not monitor the inquiry directly at this stage, though it may examine the matter after the commission submits its final report. The case title, case number and next date of hearing were not available at the time of writing, and no order copy has been seen.
The Supreme Court’s guidelines on sitting judges
The Supreme Court laid down guidelines in T. Fenn Walter v. Union of India (2002) that discourage the use of sitting High Court judges to head commissions of inquiry. Such appointments, it said, should be rare and made only where the paramount national interest requires, so that the independence and dignity of the judiciary and the judge’s regular duties are not affected. That is why governments commonly turn to retired judges to head commissions under the Commissions of Inquiry Act, 1952.
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What is known of October 17
The stampede happened on the night of October 17, 2026, Maha Saptami, at the Chorbagan pandal, where at least 19 people died and about 25 were injured. The lane leading to the pandal is narrow, and the venue is reported to have had one entry and exit point. Accounts of the cause are preliminary: heavy crowds and a sudden spell of rain are said to have pushed people towards the entrance, and an announcement on the public-address system is alleged to have told visitors to leave because the structure was about to collapse. Who made the announcement, and whether it set off the panic, is yet to be established, and these remain allegations under investigation.
Seven persons have been arrested and sent to police custody for 10 days. They include office-bearers of the puja committee, the builder of the bamboo structure and persons responsible for crowd control and private security. These are allegations at the investigation stage and are untested; the Court has expressed no view on the merits of any individual’s role, and the presumption of innocence applies to every person arrested.
The government’s announcements
Chief Minister Suvendu Adhikari announced Rs 25 lakh and a Group-D government job for the family of each person who died, and Rs 5 lakh with free treatment for each injured person. He had earlier said that a Special Investigation Team would be headed by a sitting High Court judge, and that representatives of Kolkata Police, the Fire Department and the Kolkata Municipal Corporation would be kept out of the inquiry to ensure impartiality. If negligence is found, he added, no one, organisers or police, would be spared. A Trinamool Congress leader has criticised the State’s crowd management, while the government has said stricter precautions are being enforced for the rest of the festival.
Case Title: Chorbagan Durga Puja Stampede Inquiry Matter (case title and number not reported)
Bench: Chief Justice Ravindra Vithalrao Ghuge, Calcutta High Court
Date of Hearing: October 20, 2026