Natural disaster blamed for landslide deaths as J-K court quashes plea against Vaishno Devi board
Jammu (PTI): A court in Jammu and Kashmir's Katra has dismissed a plea seeking registration of an FIR against Vaishno Devi shrine board officials for the death of 35 pilgrims in a landslide on the tracks to the shrine on August 26, holding that a natural disaster caused it.
It, however, said the ruling will not have any bearing on the inquiry ordered into the tragedy by Lieutenant Governor Manoj Sinha three days after the incident.
The plea alleged that despite weather advisories issued by the meteorological centre in Srinagar and the J-K Disaster Management Authority, the pilgrimage was not suspended, which amounted to criminal negligence by the CEO and other officials of the Shri Mata Vaishno Devi Shrine Board.
Sub-Judge (Judicial Magistrate, First Class) Katra Sidhant Vaid dismissed the plea, which sought directions to the police to register an FIR under Sections 105 (culpable homicide not amounting to murder) and 106 (causing death by rash or negligent acts) of the BNS.
“From the perusal of the allegations levelled in the complaint, statements recorded by the police and the police report, it is very much clear that the proximate and immediate cause of the unfortunate incident was 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 a lapse on the administrative side and no element of criminal negligence is present,” the judge said.
“In my considered opinion, the case of criminal negligence is not made out, and no cognisable offence is prima facie made out,” he said.
Referring to police reports and witness statements, the court said the pilgrimage was halted from time to time whenever required in the interest of public safety and standard operating procedures were followed.
Witnesses said it rained for two to three days prior to the August 26 incident, and the Yatra had been intermittently stopped on August 24 and 25 due to the heavy downpour.
The court held that for criminal liability under Section 106 of the BNS, there must be proof of a grossly negligent or rash act, foreseeability of harm and a direct causal link between the act or omission and the death. “Mere error of judgment or an administrative lapse does not suffice for criminal liability,” it said.
The court ruled out the offence of culpable homicide, noting that intention and negligence represent different states of mind and the complaint itself alleged negligence rather than intent.
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Forest official caught on video seeking bribe from elephant attack victim in Karnataka
Chikkamagaluru (Karnataka) (PTI): An official in the Forest Department has come under scrutiny after a video surfaced allegedly showing him demanding a bribe from a farmer who lost areca nut and banana crops in a wild elephant attack.
The video, now circulating widely on social media, purportedly shows the official asking the farmer to pay “money for expenses” while assessing crop damage, drawing public criticism.
As per Forest Department procedure, officials are required to visit sites where crops are damaged by wild animals and prepare an assessment report, based on which government compensation is released.
The incident is reported to have occurred in Kanathi village in Chikkamagaluru taluk, where the farmer allegedly lost 65 areca nut trees in an elephant attack.
Sources said the official told the farmer that the number of damaged trees could be inflated in the report in exchange for money.
“If you give money for expenses, I will increase the number, and you will get more compensation from the government. If you don’t pay, I will record only 65,” he is heard saying.
The officer has been identified as Veerabhadra Nayak, a Deputy Range Forest Officer (DRFO) posted at Kanathi Beat under the Chikkamagaluru Forest Division, sources close to Forest Minister Eshwar Khandre said.
When the farmer refused to pay, the officer reportedly waited briefly before recording the damage as 65 trees in the report, according to the video.
The video was shared on 'X' by a user who tagged Forest Minister Eshwar Khandre and official department handles, prompting calls for action.
Netizens have demanded strict action against the officer for allegedly seeking a bribe from a farmer already facing financial distress due to crop loss.
