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Synopsis

The Allahabad High Court on Monday, January 6, 2025, asked the district administration of Prayagraj to learn a lesson from the Hathras stampede that took place last year in July and make proper arrangements for the upcoming MahaKumbh in Prayagraj. "So that no citizen loses his life or property," stressed the court.

The bench of Justice Shekhar Kumar Yadav observed, "In the past also, many such incidents have been seen that in such events, a crowd of lakhs gathers, in which poor and illiterate people from every state and country gather, who lose their temper only due to faith and belief, due to which a stampede occurs and people die untimely because the organizers do not make proper arrangements in this regard, which should be done by them".

Referring to the Hathras incident, court said that it is worth considering whether the organizers do this for their own benefit, in which innocent people are called and due to lack of proper arrangements, such incidents happen.

However, the bench stressed that it is the responsibility of the administration to see that there should be proper arrangements of police force, medical etc. "...but due to the lack of the above, hundreds of people lose their lives, but despite this, the administrative officers do not learn any lesson from the past incidents," it added.

Court highlighted that millions are expected to attend the Mahakumbh in Prayagraj from January 13 to February 26, with both the Prime Minister and Chief Minister closely monitoring the arrangements. However, it warned that any mismanagement by the district administration or police could lead to serious consequences.

Notably, on July 2, 2024, at Village Phulrai of Sikanda Rau tehsil in Hathras, during a 'Satsang' of Bhole Baba aka Sakar Vishwa Hari a stampede occurred when Baba was exiting the venue. The incident resulted in the deaths of 121 devotees due to suffocation. On the same day, an FIR was lodged at Sikanda Rau police station in connection with the incident. Dev Prakash Madhukar, one of the main organisers of the satsang, was the main accused named in the FIR. 

The FIR was filed under Bharatiya Nyaya Sanhita (BNS) sections 105 (culpable homicide not amounting to murder), 110 (attempt to commit culpable homicide), 126 (2) (wrongful restraint), 223 (disobedience to order duly promulgated by the public servant) and 238 (causing disappearance of evidence).

Subsequently, during investigation name of one Manju Devi (Manju Yadav) came to light. Also, the police added Section 132, 121 (1) of the BNS and Section 7 of the Criminal Law Amendment Act to the FIR.

On September 10, 2024, the high court granted interim bail to Manju Devi. The bench of Justice Yadav was adjudicating upon her bail application.

Regarding the Hathras matter, court opined that prima facie it was the carelessness of the district administration. Therefore, court ordered the then District Magistrate and Senior Superintendent of Police / Senior Superintendent of Police, District Hathras to appear personally on January 15, 2025 and clarify through an affidavit why accountability should not be fixed for the death of 121 people in the incident.

In view of the same, court ordered the present matter to placed as fresh matter before it on January 15, 2025.

"Any interim order, if any, in the case in question shall remain in force until the next listing of the suit," ordered the court.

Furthermore, court directed the Registrar (Compliance) High Court, Allahabad to provide a copy of the order to the Chief Judicial Magistrate, Hathras for compliance.

It also ordered that a copy of the order be sent to the Home Secretary, Uttar Pradesh Government and a copy be made available to the District Magistrate and Commissioner and Police Commissioner of Prayagraj district.

Case Title: Manju Devi Vs. State of U.P.