MP High Court Disposes Bargi Dam Tragedy PILs After State Constitutes Judicial Inquiry Commission

The Madhya Pradesh High Court has disposed of three public interest litigations relating to the recent Bargi Dam tragedy after taking note of the State government's decision to constitute a judicial inquiry commission headed by a former judge of the High Court and to suspend cruise and boat club operations across the State pending safety reviews.

A Division Bench comprising Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf passed the order while hearing separate petitions filed by Kamal Kumar Rathi, Pushpa Tiwari and Dr. G.P. Mishra concerning the unfortunate incident at Bargi Dam. The Court recorded submissions made on behalf of the State that a formal judicial inquiry mechanism was already in place to investigate the circumstances surrounding the accident and suggest corrective measures.

Appearing for the petitioners were advocates Harpreet Singh Gupta, Gopesh Yash Tiwari and Senior Advocate Aditya Sanghi along with advocates Alka Singh and Vinita Ahuja. The State was represented by Additional Advocate General H.S. Ruprah assisted by Adwitya Parasher, while S.M. Guru, Deputy Solicitor General appeared for the Union of India.

During the hearing, the State informed the Court that a Judicial Inquiry Commission had already been constituted under the chairpersonship of a former judge of the High Court. According to the terms of reference placed before the Bench, the commission has been tasked with examining the causes of the accident, fixing responsibility and reviewing the adequacy of rescue and relief measures undertaken during and after the incident.

The commission has also been directed to conduct an audit of all State-operated boats, cruises and water-sports activities and examine compliance with the Inland Vessels Act, 2021 and the National Disaster Management Authority's Boat Safety Guidelines, 2017.

The inquiry body has further been asked to recommend a uniform Standard Operating Procedure for the operation and maintenance of cruises, boats and water-sports activities across the State. Another important aspect of its mandate is to suggest mechanisms for establishing Quick Response Teams at locations where water transport services, boating facilities, cruises and recreational water activities are being conducted.

The Additional Advocate General also informed the Court that the commission had already invited suggestions from members of the public. In view of this development, counsel appearing for the petitioners sought permission to withdraw the PILs with liberty to place their concerns, representations and recommendations before the chairperson of the Judicial Inquiry Commission.

The Court was additionally informed that by an order dated May 1, 2026, operations at all boat clubs and cruise services across Madhya Pradesh had been suspended until further orders. It was also submitted that by a subsequent order dated May 6, 2026, authorities had directed safety audits of cruise boats operated by different units of Madhya Pradesh Tourism, along with comprehensive security inspections and infrastructure audits.

Taking note of these measures, the Bench disposed of the petitions while granting liberty to the petitioners to participate in the inquiry process. Recording the request made on their behalf, the Court observed that the petitioners would be free to submit representations and suggestions before the commission. The Bench further clarified that, "it would be open to the petitioner to raise further grievances if so warranted in future," thereby keeping the door open for future legal remedies if circumstances so require.

Background of the case

On the evening of April 30, a cruise operated by MP Tourism capsized in the Bargi Dam reservoir after being caught in a severe storm between 5 pm and 6 pm, leaving 13 people dead and 28 others rescued.

Case Title: Kamal Kumar Rathi v. The State of Madhya Pradesh and Others with connected matters

Date of Order: May 12, 2026

Bench: Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf