NEW DELHI: Katra court on Saturday refused to order criminal proceedings against officials of the Shri Mata Vaishno Devi Shrine Board in connection with the August 26 landslide that killed 35 pilgrims, concluding that the incident stemmed from natural causes rather than prosecutable negligence.The court, however, made it clear that its order would not affect the separate inquiry ordered by Lieutenant Governor Manoj Sinha three days after the incident to examine the circumstances leading to the deaths.The court underlined that criminal liability under Section 106 requires proof of gross negligence or rashness, foreseeability of harm and a direct causal link between the act or omission and the deaths. “Mere error of judgment or an administrative lapse does not suffice,” it said, while also ruling out culpable homicide on the grounds that the complaint itself alleged negligence, not intent.The plea had alleged that shrine board officials, including the chief executive officer, acted negligently by allowing the pilgrimage to continue despite weather advisories issued by the Meteorological Centre in Srinagar and the Jammu and Kashmir Disaster Management Authority. According to the complainant, the failure to suspend the yatra amounted to criminal negligence and warranted the registration of an FIR under Sections 105 and 106 of the Bharatiya Nyaya Sanhita, dealing with culpable homicide not amounting to murder and causing death by rash or negligent acts.Dismissing the plea, Sub-Judge (Judicial Magistrate First Class) Katra, Sidhant Vaid, said the material placed before the court showed that the “proximate and immediate cause” of the incident was a natural calamity. The judge observed that even if the allegations in the complaint were assumed to be true, non-compliance with weather advisories would at best amount to an administrative lapse and did not disclose any element of criminal negligence.About the AuthorTOI News DeskThe TOI News Desk comprises a dedicated and tireless team of journalists who operate around the clock to deliver the most current and comprehensive news and updates to the readers of The Times of India worldwide. With an unwavering commitment to excellence in journalism, our team is at the forefront of gathering, verifying, and presenting breaking news, in-depth analysis, and insightful reports on a wide range of topics. The TOI News Desk is your trusted source for staying informed and connected to the ever-evolving global landscape, ensuring that our readers are equipped with the latest developments that matter most.”Read MoreEnd of ArticleFollow Us On Social MediaVideosHindu Lynching Sparks Outrage: Shashi Tharoor Warns On Mob Rule, Priyanka Blasts Modi Govt SilenceEx-PM Imran Khan And Bushra Bibi Jailed For 17 Years In Toshakhana Gift Jewellery Case’There Is Only One Modi’: Jaishankar Says Leaders Define Nations, Not Ministers Or IndividualsMore Complicated Than Ever: Jaishankar Flags US, China, Russia, Europe As India Faces Harder ChoicesPM Modi Says BJP Correcting Congress Mistakes As Assam Gets New Airport And Northeast PushKabul Chooses India For Medicines As Afghan Minister Admits Pakistan Ties Have Deteriorated BadlySonia Gandhi Criticises PM Modi Over VB-G RAM G Bill And MGNREGA Rollback’Maha Jungle Raj in Bengal, Mamata Shielding Infiltrators’: PM Modi Blasts TMC in Virtual RallyPiyush Goyal Says Congress Policies Suppressed Enterprise And Capped India’s Growth For Decades’Global Order Has Changed Forever, No Single Nation Can Dominate All Issues’: Says EAM Jaishankar123PhotostoriesHarvard study reveals 7 daily habits for happiness and good healthBaby boy names for those born on Sunday6 ways to make your windows look perfect in Indian styleTea Time Snack: How to make zero-sugar Banana Chocolate Oatmeal CookiesBharti Singh turned emotional as her water bag broke before delivery; shared, “Mujhe Bahot Darr Lag Raha Hai”8 Foods that can help manage blood sugar levels in Diabetes10 best destinations near Delhi/NCR to plan your last-minute New Year getawayFrom Sunil Grover to Rupali Ganguly: This is what your favorite TV actors did before getting limelightBlurred vision or eye strain? These signs mean you need an eye check-up12 food combinations that can slow down parents’ aging123Hot PicksTom BradyEpstein files releasedTim SaunderGold rate todaySilver rate todayPublic Holidays DecemberBank Holidays DecemberTop TrendingJosh Allen Luxury Car CollectionRandi MahomesAuston MatthewsWho is Nicole LundersJeremy Doku and Shireen Doku Net WorthMatthew StaffordWalker Buehlers WifeSibley ScolesAssam Rajdani Express TragedyUS Strikes
NEW DELHI: Katra court on Saturday refused to order criminal proceedings against officials of the Shri Mata Vaishno Devi Shrine Board in connection with the August 26 landslide that killed 35 pilgrims, concluding that the incident stemmed from natural causes rather than prosecutable negligence.The court, however, made it clear that its order would not affect the separate inquiry ordered by Lieutenant Governor Manoj Sinha three days after the incident to examine the circumstances leading to the deaths.The court underlined that criminal liability under Section 106 requires proof of gross negligence or rashness, foreseeability of harm and a direct causal link between the act or omission and the deaths. “Mere error of judgment or an administrative lapse does not suffice,” it said, while also ruling out culpable homicide on the grounds that the complaint itself alleged negligence, not intent.The plea had alleged that shrine board officials, including the chief executive officer, acted negligently by allowing the pilgrimage to continue despite weather advisories issued by the Meteorological Centre in Srinagar and the Jammu and Kashmir Disaster Management Authority. According to the complainant, the failure to suspend the yatra amounted to criminal negligence and warranted the registration of an FIR under Sections 105 and 106 of the Bharatiya Nyaya Sanhita, dealing with culpable homicide not amounting to murder and causing death by rash or negligent acts.Dismissing the plea, Sub-Judge (Judicial Magistrate First Class) Katra, Sidhant Vaid, said the material placed before the court showed that the “proximate and immediate cause” of the incident was a natural calamity. The judge observed that even if the allegations in the complaint were assumed to be true, non-compliance with weather advisories would at best amount to an administrative lapse and did not disclose any element of criminal negligence.
