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Referring to statements recorded by the police, the court held that it was “very much clear that the proximate and immediate cause of the unfortunate incident was natural disaster”. (PTI/File Photo | Enhanced for better quality via AI)
A local court in Katra on Saturday ruled out any criminal negligence on the part of Shri Mata Vaishno Devi Shrine Board officials — including Chief Executive Officer Sachin Kumar Vaishya — in the deaths of 35 pilgrims killed in a landslide during the Vaishno Devi pilgrimage in August.
Disposing of a complaint seeking an FIR against Vaishya and other shrine board officials for alleged criminal negligence, the court said the yatra was halted when required and that SOPs were followed. Referring to statements recorded by the police, the court held that it was “very much clear that the proximate and immediate cause of the unfortunate incident was natural disaster”.
On the advisory issued by the Indian Meteorological Department, sub judge Katra Sidhant Vaid said it only indicated a possibility and that the decision for the smooth conduct of the yatra depended on the weather at that time. The court also said that nobody could have foreseen a natural disaster.
“Even if what has been pleaded in the complaint is presumed to be true, then also non-compliance of the advisories issued by the meteorological department could be lapse on the administrative side and no element of criminal negligence is present,” he observed, holding that a case of criminal negligence was not made out.
The judge, however, clarified that the order would have no bearing on the enquiry already initiated by the J&K Lieutenant Governor on August 29.
A cloudburst and resultant landslides killed 35 pilgrims near Ardhkuwari — a point on the way to the shrine — on August 26 this year.
In his complaint, Rohit Bali, a resident of Talab Tillo, sought an FIR alleging that shrine board officials did not heed adverse weather warnings and red alerts in the state and that their “criminal negligence” led to the deaths of 35 pilgrims.
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