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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Man from Rajasthan arrested for duping devotees visiting Kollur Temple using fake website
Kollur: A 21-year-old youngster from Tijari district of Rajasthan was arrested by Kollur Police on Friday, December 19, under allegation of having duped devotees by creating a fake website in the name of the Kollur Shri Mookambika Temple.
The arrested, identified as Nasir Hussain, allegedly created a website similar to the official site of the temple, offering booking of rooms near the temple, taking money from the devotees to book the rooms and giving them fake receipts.
Kollur Police had registered a case on November 3, based on a complaint filed by the executive officer of the Kollur Shri Mookambika Temple.
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The case was registered under the Information Technology Act since the Kollur Temple is under the Muzrai Department and the investigation was carried out under the directions of Kundapur Deputy Superintendent HD Kulkarni. The police team, led by Byndoor Circle Inspector Shivakumar B and Kundapur Rural Circle Inspector Santhosh A Kaikini, comprised Kollur Sub-inspectors Vinay M Korlahalli and Bhimashankar Sinnoora as well as constables Nagendra of Kollur Police Station, Raghavendra Shetty and Krishna Devadiga of Gangolli Police Station.
The investigation team arrested Hussain on Friday, and confiscated the laptop used for the crime.
The arrested accused was produced in Byndoor court on Saturday and sent to judicial custody.
