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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Maharashtra sets up state vaccination task force to strengthen immunisation programme
Mumbai (PTI): The Maharashtra government has set up a State Vaccination Task Force to strengthen the regular immunisation programme and review the progress of related campaigns, a health department official said on Monday.
The State Vaccination Task Force will comprise at least 29 members and will be headed by the administrative head of the health department, he informed.
The government has also constituted separate district-level and municipal vaccination task forces to improve implementation and address challenges at the grassroots level, he said.
Municipal task forces, chaired by respective civic commissioners, have been constituted in view of the vast urban population in Maharashtra and the role of civic bodies in implementing different health programmes.
The district-level task forces will function under the chairmanship of collectors.
"Complete immunisation of children at the appropriate age is an extremely simple, cost-effective and highly effective measure to reduce child mortality and the prevalence of diseases among kids. Immunisation is a powerful tool for reducing illness in children," maintained the official.
To ensure full vaccination of all children, the state government implements various campaigns from time to time as per the central government guidelines, he pointed out.
"Active participation and cooperation of other relevant government departments are essential (in making these campaigns successful)," according to the official.
The state-level body will review the regular immunisation programme, associated campaigns and vaccine-preventable diseases in detail. It will also conduct focused assessments of high-risk districts and municipal corporations, including vacancies at district, municipal and sub-district levels, availability of cold chain equipment, resource gaps and training requirements, he noted.
The state task force will review allocation and utilisation of funds for immunisation and ensure timely action by officers concerned based on reports from district and municipal task forces and state-level monitoring mechanisms, the official said.
It will also ensure active coordination and participation of other government departments in immunisation drives, while district and municipal task forces will carry out similar functions at their respective levels, the official added.
