UMESH KUMAR BOHARE Vs. STATE OF M.P.

JUDGEMENT

(1.) We have heard the petitions in regard to issuance of interim directions to CBI to investigate certain aspects of an incident in which near about 116 persons have been died in a stampede at Ratangarh Temple.

(2.) A temple at holy shrine of Goddess Bhagwati is situated over a hill near Ratangarh village at District Datia, it is called "Ratangarh Mata Mandir'. The temple is at the bank of river Sindh. It is famous in neighbouring areas including U.P., M.P. and Rajasthan. Large number of devotees used to come to offer prayers at the temple of holy shrine at Navrati and after Deepavali. On 13th October 2013, a stampede occurred when large number of devotees had been crossing the bridge built over the Sindh river. In the aforesaid stampede near about 116 persons have been killed. The exact cause of stampede has still not been established. As per the news paper reports, the police had permitted number of tractors and other four wheelers to cross the bridge and there was some scuffle between the devotees. At that time, the police used batons i.e. lathi charge to control the people. It is further reported in the news papers that the police personnel floated a rumor that the bridge had collapsed, hence, a panic was created and in that panic, due to stampede persons were killed. Large number of persons had tried to escape by jumping in the river through ropes and sarees.

(3.) After the incident number of dignitaries including the Hon'ble Chief Minister had visited the place. The Director General of Police, as per the news paper report, had announced that an investigation would be carried out to find out what was the cause of stampede in which such a large number of persons had been killed. On 15.10.2013, within a short period, the State Government ordered a judicial enquiry and Hon'ble Shri Justice Rakesh Saxena, Retired High Court Judge has been appointed to chair the judicial commission. Following three points have been referred to the Judicial Commission for the purpose of submission of its report :-