Maha Kumbh stampede: Supreme Court refuses to hear PIL, asks petitioner to move Allahabad HC
New Delhi (PTI): The Supreme Court on Monday refused to hear a PIL for specific guidelines to ensure safety of devotees attending the Maha Kumbh, where at least 30 people were killed and 60 injured in a pre-dawn stampede at Sangam area in Prayagraj.
A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar noted the submission of the Uttar Pradesh government that a plea was already filed in the Allahabad High Court on the issue and the present petition should be not examined in the apex court.
Terming it “an unfortunate incident”, the top court asked the petitioner advocate Vishal Tiwari to move the Allahabad High Court.
“This is an unfortunate incident. But, you go to the Allahabad High Court,” the bench told Tiwari.
The top court noted the submissions of senior advocate Mukul Rohatgi, appearing for the UP government, that a judicial inquiry was initiated.
The PIL was filed in the top court on January 30, a day after the incident in the stampede in Prayagraj.
The incident took place on the occasion of Mauni Amavasya, one of the most auspicious days of the Hindu calendar.
The petition, filed a day later under Article 32 of the Constitution by Tiwari, sought guidelines to prevent stampede incidents and protect the fundamental rights of equality and life under Article 21.
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Stripped to identify religion, ears cut off: Muslim hawker from Bihar dies a week after lynching
Police deny religious angle in the case
Patna: Mohammed Athar Hussain, a 55-year-old Muslim cloth vendor, tragically died on Friday, a week after sustaining severe injuries in a horrific lynching, reported The Print.
Hussain, who made his living by selling clothes on a bicycle in the rural areas of Nawada for the last decade, is survived by his wife, Shabnam Parveen, and three children.
Before his death at a government hospital, Hussain recorded a video statement.
In the video, which is doing rounds on social media platforms, Hussain alleged that four men initially locked him in a room. They later returned late at night and, stripped him to find out his religion, identifying him as a "miyan ji" (a Muslim). He claimed the assailants then poured petrol on him, branded him with a hot iron rod, and used pliers to cut off his ear.
Furthermore, he stated, "The assault continued as some were beating with sticks, while others were using pliers to cut off my fingers and ear."
Speaking to The Print, his brother, Mohammed Shaqib, described the shock of seeing his elder brother's picture injured, telling that the family had been dealt a blow from which it would never recover.
No mention of lynching in FIR
Meanwhile, quoting Nawada Sadar SDPO Hulas Kumar, The Print reported that while the victim made serious allegations, his wife did not document the specific claim that her husband was stripped to determine his religion in her initial police complaint, dated December 6.
Furthermore, a senior police official in Patna denied this was a religious lynching, instead terming it a case of "mistaken identity" where the deceased was assaulted under suspicion of theft.
Bihar Director General of Police (DGP) Vinay Kumar confirmed that both the murder case against the assailants and a separate theft complaint, filed by one of the accused against Hussain, are being probed to reach a logical conclusion.
The DGP told The Print that while the theft case is being investigated, the focus is clearly more on the lynching case.
Following Hussain's death, Nawada Police upgraded the charges, adding Section 103 of the Bharatiya Nyaya Sanhita, which deals with the offense of murder.
According to reports, police have successfully arrested nine people in connection with the assault, including four individuals specifically named in the FIR filed by Hussain’s wife.
One of the nine accused, Sikandar Yadav, is the same man who accused Hussain of theft, claiming that this accusation led to the assault.
The statements given by arrested suspects, including Sree Yadav and Ranjan Kumar, reportedly led police to the remaining five accused.
Further probe in this regard is underway.
