MP High Court Appoints Justice Sushil Kumar Gupta to Probe Bhagirathpura Water Crisis

The Madhya Pradesh High Court on January 27 appointed a former judge of the Court, Justice Sushil Kumar Gupta, as a one-member Commission of Inquiry to investigate the alleged water contamination tragedy in Bhagirathpura area of Indore and its impact on other parts of the city, observing that the incident prima facie raises serious concerns relating to the right to life under Article 21 of the Constitution.

A Division Bench comprising Justice Vijay Kumar Shukla and Justice Alok Awasthi was hearing a batch of writ petitions, including public interest litigations and individual petitions, alleging negligence, mismanagement and a lackadaisical approach by civic and State authorities in preventing contamination of drinking water supply, which reportedly resulted in several deaths and widespread illness in Ward No.11 of the Indore Municipal Corporation.

Senior Advocate Ajay Bagadia, appearing with Advocate Saily Purandare for one of the petitioners, along with Advocates Aditya Pratap Singh, Manish Yadav, M.S. Chandel and Ritesh Inani, argued that the tragedy was a direct consequence of sewage mixing, pipeline leakages and failure to maintain potable water standards. It was contended that despite interim directions issued earlier by the Court, safe drinking water, medical facilities and proper testing were still not being adequately ensured on the ground. The petitioners also questioned the credibility of the High-Level Committee constituted by the State, terming it an “eyewash” intended to shield erring officials.

The Court noted that while the State Government and the Indore Municipal Corporation had filed compliance reports claiming adherence to earlier directions, serious disputes remained regarding the actual implementation. Counsel for the State, including Advocate General’s office representatives, relied upon a death audit and analytical report indicating that out of 23 deaths examined, 16 were attributed to water contamination, while the remaining cases were termed inconclusive.

However, the Bench expressed concern over the methodology adopted in the death audit, particularly the reliance on “verbal autopsy”, the meaning and evidentiary basis of which the State was unable to satisfactorily explain. The Court observed that the distinction drawn between conclusive and inconclusive deaths appeared arbitrary and unsupported by material records, especially when media reports and pleadings suggested the death toll could be as high as 30.

Reiterating that the right to life encompasses the right to clean drinking water, the Court held that the matter squarely fell within the ambit of a public health emergency warranting independent scrutiny. It found that the gravity of allegations, coupled with conflicting official data and serious questions regarding accountability, necessitated a credible and impartial fact-finding exercise.

Accordingly, Justice Sushil Kumar Gupta was appointed as a one-man Commission of Inquiry to examine the cause and source of contamination, assess the number of deaths and nature of diseases reported, evaluate the adequacy of medical response, and suggest immediate and long-term remedial measures. The Commission has also been tasked with identifying officials responsible for lapses and recommending guidelines for compensation to affected residents, particularly vulnerable sections.

The Court directed all State authorities, including the district administration, Indore Municipal Corporation, Public Health Engineering Department and the Pollution Control Board, to extend full cooperation and provide necessary records.

The Commission has been vested with powers of a civil court and is required to submit an interim report within four weeks.

The matter has been listed for further consideration on March 5.

Case Title: Prabhat Pandey v. State of Madhya Pradesh & Ors.

Order Date: 27.01.2026

Bench: Justice Vijay Kumar Shukla and Justice Alok Awasthi