LAWS(SC)-2022-4-30

SANJAY GUPTA Vs. STATE OF UTTAR PRADESH

Decided On April 12, 2022
SANJAY GUPTA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) The present writ petition has been preferred by the victims of the fire tragedy which occurred on 10/4/2006 at about 5:40 p.m., the last day of the India Brand Consumer Show organized at Victoria Park, Meerut, Uttar Pradesh by Mrinal Events and Expositions who are being represented as Respondents 10 to 12 herein. For the sake of convenience, Respondents 10-12 are being collectively referred as "Organizers". This unfortunate incident claimed the lives of 65 persons and left 161 or more with burn injuries.

(2.) The State of Uttar Pradesh appointed Hon'ble Mr. Justice O.P. Garg (Retired) in terms of provisions of the Commission of Inquiry Act, 1952 (For short, the 'Inquiry Act') vide order dtd. 2/6/2006 with the following terms of reference:

(3.) The above appointed Commission submitted its report on 5/6/2007 wherein various witnesses and documents produced were examined. Such report was not found to be sustainable in the order dtd. 31/7/2014 reported as Sanjay Gupta and Ors. v. State of Uttar Pradesh and Ors. (2015) 5 SCC 283 . This Court while rejecting the proceedings conducted by the Commission under the Inquiry Act, appointed Hon'ble Mr. Justice S.B. Sinha (Retired) as a one-man Commission as it was found that the Organizers were summoned after examination of almost 45 witnesses and were not afforded opportunity of cross-examination. It was held as under: