Katra court seeks action-taken report in Vaishno Devi shrine landslide case

A court in Katra has sought an action-taken report from the police over a complaint demanding that officials of the Shri Mata Vaishno Devi Shrine Board (SMVDSB) be booked for alleged criminal negligence that led to the deaths of 35 pilgrims in a landslide near the cave shrine in Reasi district in August.

The directions were issued by Sub-Judge (Judicial Magistrate First Class), Katra, Sidhant Vaid, on a complaint filed by Rohit Bali, a resident of Jammu. Bali has sought registration of an FIR under Sections 105 and 106 of the Bharatiya Nyaya Sanhita (BNS), 2023, and other relevant provisions of law against Sachin Kumar Vaishya, Chief Executive Officer (CEO) of the Shrine Board, and other officials for alleged negligence in the performance of their duties.

According to the complaint, on the day of the incident, the entire Union Territory of Jammu and Kashmir was on red alert due to incessant rains, flashfloods, and cloudbursts. The Meteorological Department and the J&K Disaster Management Authority (JKUTDMA) had issued specific weather warnings and advisories. Despite this, the complainant alleged, the CEO of SMVDSB failed to issue any advisory or suspend the Yatra, resulting in the death of 35 pilgrims at Adhkuwari on August 26.

Bali stated that the warnings issued on August 25 by the Meteorological Centre, Srinagar, and JKUTDMA were ignored. Copies of these advisories were annexed to his complaint. He further alleged that on August 28, he submitted a written complaint to the SHO, Bhawan, and the in-charge police post, Adhkuwari, but no action was taken. A similar application was later forwarded to the SSP Reasi on September 16.

After examining the complaint, the Sub-Judge observed that the complainant had complied with the provisions of Sections 173(1) and 173(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, by approaching the concerned police authorities before moving the court. The judge further noted that more than one and a half months had passed since the filing of the applications, and under Section 175(3) of the BNSS, the Magistrate may conduct an inquiry and seek a police submission before ordering an investigation.

“Since the applications were moved around one and a half months ago, before resorting to the provisions of Section 175(4) BNSS, 2023, I deem it appropriate to call for an Action Taken Report from the SSP Reasi and SHO, Police Station Bhawan,” the judge stated. The court directed that copies of the order and the complaint be forwarded through the Learned APP for submission of the report within two weeks.

The matter has been listed for submission of the Action Taken Report on October 30.