Court Seeks Police Report on Complaint Over Death of 34 Pilgrims in Vaishno Devi Landslide
Jammu: A court in Jammu and Kashmir has sought an action-taken report from the police on a complaint demanding that officials of the Shri Mata Vaishno Devi Shrine Board (SMVDSB) be booked for alleged criminal negligence leading to the deaths of 34 pilgrims in a landslide in Reasi district in August.
The landslide, triggered by a cloudburst, struck the Adhkuwari stretch of the Trikuta hills on August 26, killing 34 people and injuring 20 others. Following the tragedy, Lieutenant Governor Manoj Sinha ordered a three-member committee on August 29 to probe the causes of the incident.
In an order issued on Thursday, Sub-Judge Katra, Sidhant Vaid, noted that over six weeks had passed since the complaint was filed. “Before resorting to the provisions of Section 175(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), I deem it appropriate to call for an action-taken report from the Senior Superintendent of Police, Reasi, and the SHO, Bhawan Police Station,” the court said.
The court observed that under Section 175(3) of the BNSS, a magistrate may order an inquiry before directing an investigation, after considering an application and the police submissions.
The judge also noted that the complainant had complied with the provisions of Sections 173(1) and 173(4) of the BNSS by submitting applications for registration of an FIR to the Adhkuwari police post in-charge, the SHO of Bhawan Police Station on August 28, and to the SSP, Reasi, on September 16.
“Accordingly, a copy of this order, along with the application, shall be forwarded to the SSP, Reasi, and the SHO, Bhawan Police Station, to submit their action-taken report within two weeks,” the court directed.
The complaint, filed by Rohit Bali, seeks registration of an FIR under Sections 105 (culpable homicide) and 106 (causing death by negligence) of the Bharatiya Nyaya Sanhita (BNS) and other relevant provisions against the CEO and officials of the Shrine Board for alleged dereliction of duty resulting in the pilgrims’ deaths.
It alleges that despite red alerts for heavy rain and flash floods on August 25–26, the Shrine Board officials failed to suspend the yatra or issue a safety advisory. The complaint further claims that due to police inaction, a representation was later submitted to the SSP on September 16, requesting registration of an FIR based on the earlier complaint, which disclosed cognisable offences.
The court also cited Section 175(3) of the BNSS, which authorises a magistrate to order an investigation under Section 210 after considering an affidavit-supported application under Section 174(a) and the police’s inquiry report.
