Jammu & Kashmir court has asked police to submit a report on a complaint seeking FIR against SMVDSB officials for alleged negligence in the landslide that killed 34 pilgrims. The tragedy occurred during the Vaishno Devi Yatra after heavy rains triggered a cloudburst.
Jammu: A court in Jammu and Kashmir has asked the police to submit an action-taken report regarding a complaint that seeks to hold officials of the Shri Mata Vaishno Devi Shrine Board (SMVDSB) responsible for alleged criminal negligence.
The complaint relates to a tragic landslide in August that claimed the lives of 34 pilgrims traveling to the cave shrine in Reasi district.
The deadly landslide occurred on August 26 at Adhkuwari in the Trikuta hills, triggered by a sudden cloudburst.
It resulted in 34 deaths and left 20 others injured. Following the incident, Lieutenant Governor Manoj Sinha set up a three-member committee on August 29 to investigate the reasons behind the landslide.
The court, presided over by Sub-Judge Sidhant Vaid at Katra, observed,
“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.”
The court further clarified that under section 175(3) of the BNSS, a magistrate can,
“after considering an application and submissions from police, order an inquiry before directing for an investigation.”
The judge also pointed out that the complainant had followed the proper legal procedures as mandated by sections 173(1) and 173(4) of the BNSS. The complainant had submitted applications requesting an FIR to the Adhkuwari police post in-charge and the station house officer of the Bhawan police station on August 28.
A further submission was made to the Senior Superintendent of Police (SSP), Reasi, on September 16. The court stated,
“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 complaint, filed by Rohit Bali, has requested the registration of an FIR under sections 105 (culpable homicide) and 106 (causing death by negligence) of the Bharatiya Nyaya Sanhita (BNS), along with other relevant provisions, against the SMVDSB CEO and other officials.
The allegation is that the deaths occurred due to the board officials’ failure to perform their duties responsibly.
It has been alleged that despite red-alert warnings for heavy rains and flash floods issued on August 25-26, the CEO and other officials did not take steps to halt the Vaishno Devi yatra or issue necessary advisories to pilgrims.
The complaint also pointed out that due to the inaction of the SHO and the police post in-charge, a representation was made to the SSP on September 16, requesting directions to register an FIR based on the August 28 complaint, which reported cognisable offences.
The court highlighted the legal powers under section 175(3) of the BNSS, which states that a magistrate, under section 210, may 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.”
This development underscores the legal scrutiny on SMVDSB officials and the police, as authorities continue to examine their role in the unfortunate landslide that took the lives of dozens of pilgrims in Reasi.
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