Jitendra Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19086 of 2014 =========================================================== Jitendra Kumar Singh S/o Late Shambhunath Singh, resident of Village Kharounia Bagicha, Police Station By Pass, Patna City, District Patna. .... .... Petitioner

Versus

1. The State of Bihar through Chief Secretary, Patna.

2. The Principal Secretary, Department Health, Government of Bihar, Patna.

3. The Commissioner, Patna.

4. The District Magistrate, Patna.

5. The Senior Superintendent of Police, Patna.

6. The Superintendent of Police (Traffic), Patna.

7. The Incharge Manager, Gandhi Maidan, Patna.

8. The Chairman cum Managing Director, Bihar State Power Holding Company Ltd., Patna.

9. Managing Director, South Bihar Power Distribution Company Ltd., Patna.

10. The Bihar State Disaster Management Authority through its Chairman.

11. The District Disaster Management Authority, Patna. .... .... Respondents =========================================================== Appearance:

For the Petitioner : None For the Resp. No.8 & 9 : Mr. Vijay Kumar Verma, Advocate For the State : Mr.Chittaranjan Sinha, PAAG 2 Mr. Sudish Kumar, AC to PAAG 2 =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 09-12-2016 The petitioner has invoked the writ jurisdiction of this Court in public interest in respect of an incident which took place on 3rd of October, 2014 leaving 39 persons dead, 29 injured and 8 persons missing. The petitioner has sought independent investigations of the said incident.

2. It is stated in the counter affidavit filed on behalf of Respondent Nos. 1 to 6 that on 13th of November, 2014, an Enquiry

Patna High Court CWJC No.19086 of 2014 dt.09-12-2016 Committee was constituted consisting of the Principal Secretary, Home Department and Additional Director General of Police (Headquarters), Bihar, Patna. It is also pointed out that in respect of stampede during Chhath festival in 2012, a preliminary report was submitted on 29th of November, 2012 and the final report was submitted to the State Government on 15th of February, 2013. In the supplementary counter affidavit filed on behalf of the Deputy Secretary, Home (Police) Department on 5th of October, 2015, it is pointed out that the Enquiry Committee submitted its final report on 26th of November, 2014 and suggested measures to be taken to prevent recurrence of such incident. A detailed instruction thereafter has been issued on 16th of January, 2015.

3. In view of the steps mentioned in the supplementary counter affidavit dated 5th of October, 2015, we do not find that any further direction or monitoring by this Court is required in the matter.

4. The writ petition stands disposed of.

(Hemant Gupta, ACJ) (Vikash Jain, J) Chandran/Ibrar AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 16.12.2016 Transmission Date N.A.