Chorbagan Puja stampede: Calcutta High Court says State can pick retired judge for probe, refuses to monitor inquiry

The Calcutta High Court has declined to monitor the inquiry into the Chorbagan Durga Puja stampede in Kolkata. It has said the West Bengal government may set up a commission headed by a retired High Court judge if a sitting judge cannot be spared for the job.

A division bench of Chief Justice Ravindra Vithalrao Ghuge and Justice Md. Shabbar Rashidi passed the order on Tuesday, 20 October, while hearing a public interest litigation, Tapas Kumar Dey v. State of West Bengal & Ors., according to reports by Bar and Bench and LiveLaw. LiveLaw reported that the bench was sitting as a vacation bench.

The stampede took place on 17 October at the Chorbagan Sarbojanin Durga Puja pandal. Nineteen people died, including a seven-year-old child, and about 25 were injured, the two outlets reported.

What the petition argued

The petitioner, represented by senior advocate Kalyan Bandopadhyay, blamed a mix of factors for the crush, Bar and Bench reported. These included narrow entry lanes and decorative structures, raised platforms, poor ventilation and dim lighting inside the themed pandal, too few police and volunteers, and a sudden spell of rain.

The plea also argued that changes in the composition of Puja committees had placed crowd-handling duties with inexperienced people. The court has not ruled on these allegations.

State’s request and the court’s answer

The State, represented by Additional Advocate General Billwadal Bhattacharyya, told the court that Chief Secretary Manoj Agarwal had written to the Chief Justice asking for a serving judge to head an inquiry commission. It argued that the PIL did not need detailed examination because of this request. LiveLaw reported that the letter was dated 18 October.

The bench said that sparing a sitting judge was a matter for the Chief Justice to decide on the administrative side. It gave no judicial direction on that point. If no serving judge is made available, the State is free to constitute a commission under the Commissions of Inquiry Act, 1952, with a retired High Court judge at its head.

The court also made clear that it would not supervise the inquiry. Acting on the commission’s findings will be up to the State government. The PIL has been kept pending so that parties can return to court if needed.

According to Bar and Bench, the proposed terms of reference include the causes and sequence of events, CCTV footage, call records, police station and control room logs, and whether proper crowd and disaster management arrangements were in place.

Judge shortage weighed on the court

The bench noted the High Court’s shrinking strength while explaining why a sitting judge may be hard to spare. The court has 50 judges against a sanctioned strength of 72, Bar and Bench reported. Justice Shampa Dutt (Paul) is due to retire on Tuesday, 27 October, and Justice Apurba Sinha Ray on 25 November, which will bring the number down to 48.

The order means the shape of the Chorbagan inquiry now depends on an administrative decision by the Chief Justice and on the State’s next step.

Sources

• Bar and Bench: Chorebagan stampede: Calcutta High Court refuses to monitor investigation; says State can pick ex-judge for probe
• LiveLaw: Durga Puja Stampede: Calcutta High Court Suggests Appointment Of Retd Judge To Probe Incident If Sitting Judge Unavailable