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Shanti Bhushan, Sr. Adv and former law minister today appeared before a bench of Justices Hement Gupta and Ramasubramanian in a case filed by kin of the 2006 Meerut fire tragedy seeking compensation.
Representing Mrinal Event Managing Company, Bhushan argued against fixation of any liability on the company. He submitted that the organisers of the event were taken to Mumbai and Delhi to see the work and were then awarded the contract to air condition and put up structures for the exhibition.
The Meerut fire tragedy happened on 10th of April, 2006, the last day of the India Brand Consumer Show organised by Mrinal Events and Expositions at Victoria Park. According to sources, a short circuit caused a fire in the venue which killed 60 people. According to media reports the fire spread through a consumer fair in Victoria Park in and at the time, of the fire nearly 2000 people were at the venue. The incident also lead to a stampede-like situation. Media reports further claim that despite being booked by the local police, the event organisers absconded and never appeared before the trial court.
The present plea was filed in 2006 by a person named Sanjay Gupta who had lost five members of his family in the event. The plea was filed on the ground that the investigation into the tragedy was not conducted properly by the State. The then Uttar Pradesh government had appointed a one man commission consisting of Justice (retired) OP Garg of Allahabad High Court. However, the findings of the report were contested by the organisers on the ground that they were not heard.
The Supreme Court by an order dated 31st July 2014 appointed Justice (retired) SB Sinha as a one man commission to inquire into the matter. By the same order, the court had directed the State to pay Rs. 5 lakhs each to the legal representatives of the deceased and the Rs. 2 lakhs each to those who were seriously injured and the Rs.75,000/- to those who suffered minor injuries.
Bhushan further submitted that objections to the report of Justice SB Sinha have already been filed. He said, “Its a 360 page report, I cannot believe a judge has authored it.” Bhushan further argued that “The victims have received so much money, how much more money do they want?”
It was argued that there was no clause in the contract to show that the event management company will have to pay any compensation and that they have already paid a sum of Rs. 30 lakhs which has been distributed to the victims already.
Bhushan argued that the judgment of the court in Uphaar case will not apply in the given case as the commission appointed to look into the Uphaar tragedy was by the Supreme Court. In the Meerut case, a commission was appointed under Commission of Inquiries Act by the State of Uttar Pradesh.
Relying on a gamut of judgments, Bhushan submitted that the event managers are not liable to pay any compensation. He further said, “We have filed our detailed objections to the the report of Justice SB Sinha, I can place my oral objections but it might take a whole day.”
Vikas Pahwa, Sr. Adv, appearing for the petitioners, submitted that the contracts that were placed on record by the event management company are forged and that they court must not consider them.
The court on hearing the parties was of the opinion that the matter has to be disposed since it is almost 16 years old and that the hearings should go on. The court thus permitted Bhushan to appear virtually tomorrow and make his submissions on the report of Justice (retired) SB Sinha.
The matter will now be heard tomorrow.
Case title: Sanjay Gupta Vs State of Uttar Pradesh
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