Jammu, Oct 24 – A court in Jammu and Kashmir has requested an action-taken report from the police regarding a complaint that calls for the booking of Shri Mata Vaishno Devi Shrine Board (SMVDSB) officials for alleged criminal negligence. This negligence is claimed to have contributed to the deaths of 34 pilgrims in a landslide that occurred on August 26 during their journey to the cave shrine in Reasi district.

The landslide, caused by a cloudburst, struck the pilgrim route at Adhkuwari, resulting in 34 fatalities and injuring 20 others. In response to the incident, Lieutenant Governor Manoj Sinha established a three-member committee on August 29 to investigate the causes of the landslide.

On Thursday, Sub-Judge Sidhant Vaid of Katra issued an order stating, “As more than a month and a half have passed since the filing of this application, before resorting to the provisions of section 175(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), I deem it appropriate to call for an action-taken report from the senior superintendent of police, Reasi, and the SHO, Bhawan Police Station.”

The court highlighted that, according to section 175(3) of the BNSS, a magistrate may order an inquiry after evaluating an application and police submissions before directing an investigation.

The judge noted that the complainant, Rohit Bali, had adhered to the requirements of sections 173(1) and 173(4) of the BNSS by submitting applications for the registration of an FIR to the Adhkuwari police post in-charge, the station house officer of the Bhawan police station on August 28, and to the SSP, Reasi, on September 16.

The court instructed, “As such, a copy of this order, along with the application, be forwarded to the SSP, Reasi, and SHO, Bhawan Police Station, to submit the action-taken report on the applications filed by the complainant within two weeks.”

The complaint filed by Bali seeks an FIR under sections 105 (culpable homicide) and 106 (causing death by negligence) of the Bharatiya Nyaya Sanhita (BNS) against the SMVDSB CEO and other officials for their alleged negligence, which purportedly led to the deaths of the 34 pilgrims.

The allegations state that despite receiving red-alert warnings for heavy rains and flash floods on August 25-26, the CEO and other officials failed to suspend the Vaishno Devi yatra or issue any advisories. Furthermore, it claims that due to the inaction of the SHO and police post in-charge, a representation was made to the SSP on September 16, requesting the registration of an FIR based on the August 28 complaint, which indicated cognizable offences.

The court referenced section 175(3) of the BNSS, which allows a magistrate, under section 210, to order an investigation after reviewing an application supported by an affidavit filed under section 174(a) and the submissions made by a police officer following an inquiry.