Madras High Court Constitutes SIT To Conduct Investigation On Karur Stampede; Criticizes Vijay, TVK Leaders For Fleeing Site

The Madras High Court constituted a Special Investigation Team to conduct independent investigation on the Karur Stampede incident and condemned the conduct of Vijay, the organisers of the event and the members of the Tamilaga Vetri Kazhagam (TVK) for fleeing from the scene of occurrence immediately after mishaps.

A Bench of Justice N. Senthil Kumar observed, “Regrettably, there has been no statement, no expression of responsibility from the political party viz., Tamilaga Vetri Kazhagam regarding the occurrence, either in their official twitter account or in other social media regretting the stampede that has taken place. There is no communication in any form or in any manner regretting the incident. This omission reflects the political party's disregard for human life and public accountability.”

Senior Advocate G.Sankaran represented the Petitioners, while Advocates J.Ravindran and Hasan Mohammed Jinnah represented the Respondents.

Case Brief

A Writ Petition was filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider the representation submitted by them and consequently frame guidelines in the nature of SOP for the conducting of road show.

The Petitioner presented a representation following a roadshow that was permitted by the Respondent at Karur and stated that a major man-made disaster occurred at the said event, resulting in the loss of 41 lives. It was contended by the State that the Tamilaga Vetri Kazhagam (TVK), a political party, informed that meetings were scheduled and accordingly, the Deputy Superintendent of Police, Karur, granted permission to the political party to conduct the programme, subject to eleven conditions.

It was also submitted that the programme organisers, including the leader of the political party, absconded from the venue, abandoning their own cadres, followers, and fans. It was also contended that the bus carrying Vijay, the leader of the political party was involved in an accident. In the footage, it was visibly evident that two motorcycles were involved in the accident, and that the driver of the bus, having seen the accident, fled from the scene but no First Information Report (FIR) has been registered by the respondent police for the offences of hit and run.

Court’s Observation

At the outset, the Court opined that even in the absence of a formal complaint from the aggrieved parties, it was the duty of the State to register a suo motu FIR and ensure that the accused face trial in accordance with law.

The Court said, “It is to be noted that the Hon'ble President of India, Hon'ble Prime Minister, Hon'ble Union Home Minister has condoled the incident. The Hon'ble Chief Minister, Tamil Nadu visited the hospital on early hours. The leader of the opposition, Tamil Nadu and almost all the political parties have expressed their concerns and many leaders of the political parties came to the scene of occurrence and participated in the rescue process. When that being the situation, it is really sad that Mr.Vijay, the leader and the members of his political party which organised the meeting fled the scene of occurrence.”

While condemning the conduct of Vijay, the the organisers of the event and the members of the political party for fleeing from the scene of occurrence, the Court said that it was incumbent upon such a party to have taken immediate steps to rescue and assist individuals caught in the stampede like situation arising from the massive crowd in which many children, women, and several young persons tragically lost their lives.

The Court also pointed out that there has been no statement, no expression of responsibility from the political party regarding the occurrence of the event which reflects the political party's disregard for human life and public accountability.

Given the depth of the situation, the Court constituted a Special Investigation Team (SIT) to conduct an impartial and thorough investigation.

Cause Title: P.H.Dinesh V. The Home Secretary, Government of Tamilnadu

Appearance:

Petitioner: Senior Advocate G.Sankaran and Advocate S.Bharathi Rajan

Respondent: Advocates J.Ravindran, S.Santhosh, Hasan Mohammed Jinnah and A.Damodaran

Click here to read/download Order