Bombay High Court Disposes Off PIL Seeking CBI Investigation Against Eknath Shinde & Devendra Fadnavis For Death Of 14 People Due To Sunstroke At Kharghar

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Synopsis

The high court while disposing of the PIL said that the statements of the witness were being recorded in the alleged death of 14 people due to sunstroke. The PIL sought direction to be issued to the Chief Minister and Deputy Chief Minister to pay a sum of Rs 50 lakhs to be paid to the family of the deceased and Rs 5 lakhs to the injured people.

On Wednesday, a division bench of the Bombay High Court, consisting of Acting Chief Justice Nitin Jamdar and Justice Arif Doctor, disposed off a Public Interest Litigation (PIL) that sought a CBI investigation against Maharashtra Chief Minister Eknath Shinde and Deputy Chief Minister Devendra Fadnavis for the 14 deaths caused by heatstroke in Kharghar.

The bench disposed of the PIL by acknowledging that the investigation into the matter was already in an advanced stage.

"Statements are being recorded. We do not find any need to give directions. In respect of prayers sought and since the investigation is at an advanced stage, the Public Interest Litigation is disposed off," the bench noted.

The Public Interest Litigation (PIL) sought action regarding the deaths of 14 people who succumbed to sunstroke during an event where the 'Maharashtra Bhushan' award was conferred upon Dattatreya Narayan Dharmadhikari.

Advocate General Dr Birendra Saraf, representing the State, informed the court that there were 30 accidental deaths during the event, and the state was conducting an inquiry into the matter.

Saraf argued that the PIL was not in compliance with the High Court rules, and necessary parties were not included in the petition.

He further claimed that the PIL appeared to be motivated. Saraf pointed out that since an FIR was not registered, the petitioner could seek remedy under Section 156(3) of the Code of Criminal Procedure.

Advocate Nitin Satpute, representing petitioner Advocate Shaila Kante, argued that an FIR should be registered against the Chief Minister since the event was political. Satpute also contended that the state was concealing the actual number of deaths that had occurred.

However, the bench was of the opinion that the report submitted by Advocate General showed that the inquiry was at an advanced stage and therefore disposed of the PIL.

The plea stated that the government had sanctioned Rs. 14 Crore for the event however there was no arrangement of water for the people.

“Respondent No. 1 & 2 has sanction 14 crore for this event, and contract given to their favorite agency. All the money paid to them was of public money, the taxes paid by the citizens. Afte paying 14 crore for this event, there was no any water available for the people, police were carrying water jar for people,” the plea reads.

The plea further stated that the function was held at 11:00 AM in the morning whereas it should have been held in the evening as most of Maharashtra was reeling under a severe heatwave since the second week of April.

Moreover, it contended that there was no roof or tents to protect the public from the intense heat of the afternoon and that the government had set up two temporary tents for VIPs while everyone else sat on the ground in the scorching heat for nearly 5 to 8 Hours.

The petition sought registration of FIR against the organisers of the event including the Chief Minister and Deputy Chief Minister for the death of 14 people. Further, it also sought direction from the court on the said case that after the registration of the FIR, it is transferred to the Central Bureau of Investigation.

Additionally, the plea sought direction to be issued to the Chief Minister and Deputy Chief Minister to pay a sum of Rs 50 lakhs to be paid to the family of the deceased and Rs 5 lakhs to the injured people.

Case title: Shaila Jitendra Kanthe vs Chief Minister of State of Maharashtra