Calcutta HC Chief Justice declines sitting judge for Chorbagan stampede probe, asks state to appoint retired judge

The CSR Journal Magazine

The Calcutta High Court on Tuesday has declined the West Bengal government’s request to nominate a sitting judge to head a judicial inquiry into the Chorbagan Durga Puja pandal stampede that claimed 19 lives on Saturday night. Chief Justice Rabindra V. Ghuge has instead advised the state government to appoint a retired judge of its choice to lead the inquiry commission.

The decision comes a day after Chief Secretary Manoj Kumar Agrawal wrote to the Chief Justice, seeking the nomination of a sitting High Court judge to head a high-powered inquiry committee into the October 17 tragedy at the Chorbagan Sarbojanin Puja pandal.

Chief Justice Ghuge clarified that, in view of previous directives issued by the Supreme Court, a sitting High Court judge could not be appointed to head such an inquiry commission.

The Chief Justice, however, made it clear that the state government was free to select a retired judge and entrust the judicial inquiry to that person.

The clarification means that the state government will now have to identify a retired judge to head the proposed commission, which is expected to examine the circumstances leading to the stampede and determine whether negligence or administrative lapses contributed to the tragedy.

CM Had promised independent judicial inquiry

Chief Minister Suvendu Ahikari had announced a judicial inquiry shortly after the stampede, assuring that the investigation would be conducted independently and that those responsible would face action.

To ensure impartiality, Adhikari had declared that no representatives of Kolkata Police, the Fire Department or the Kolkata Municipal Corporation (KMC) would be included in the inquiry committee.

The state government had planned to constitute a high-powered committee headed by a sitting judge of the Calcutta High Court. However, following the Chief Justice’s clarification, the government will have to revise its proposed composition.

The government has maintained that necessary action will be taken on the basis of the findings and recommendations of the judicial inquiry commission.

No one will be spared if found guilty: CM

Following the October 17 disaster, Adhikari had asserted that no individual found responsible for the tragedy would be spared, irrespective of whether they belonged to the Puja organising committee or the police administration.

The inquiry is expected to examine the circumstances surrounding the stampede, including possible lapses in crowd management and safety arrangements at the pandal.

The tragedy, which left 19 people dead and several others injured, has raised serious questions over crowd-control measures and coordination among the agencies responsible for public safety during major festivals.

Rs 25 Lakh compensation, government job for victims’ families

The Chief Minister also announced financial assistance and rehabilitation measures for the affected families.

Under the compensation package, the state government will provide Rs 25 lakh to the next of kin of each deceased person, along with a Group-D government job for one member of each bereaved family.

Those injured in the stampede will receive financial assistance of Rs 5 lakh each, while the state government will bear their medical expenses.

With the Chief Justice ruling out the appointment of a sitting judge, attention has now shifted to the state government’s next move in constituting the judicial inquiry commission.

The commission’s findings are expected to play a crucial role in fixing accountability for one of the deadliest tragedies associated with this year’s Durga Puja celebrations in Kolkata.

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