Bengaluru stampede: Law enforcement officials acted as ‘servants of RCB’, says Karnataka govt earlier than HC
Arguing that making preparations for an enormous crowd in below 12 hours was impractical, Rajagopal questioned what proactive steps the suspended officer had taken throughout that point.
He cited Part 35 of the Karnataka State Police Act, which empowers police to take essential motion, and criticised the officers for not utilising that authority.
He added that no senior-level session had taken place, and that the officers had been merely positioned below interim suspension to stop additional injury.
When the bench comprising justices S.G. Pundit and TM Nadaf requested who oversaw safety contained in the stadium, Rajagopal replied it was state police personnel, admitting the safety preparations had been clearly insufficient.
He additionally took problem with the Central Administrative Tribunal’s (CAT) reasoning for quashing the suspension, notably its remarks sympathising with police limitations.
Studying from the CAT’s order, Rajagopal criticised the Tribunal’s statement that “police personnel are additionally human beings, not God or magicians,” calling it an inappropriate narrative extra fitted to storytelling by grandparents.
“This isn’t what litigants anticipate from a judicial discussion board,” he remarked.
Background of the case
The state’s submissions got here throughout its problem to the CAT’s July 1 order that had quashed the suspension of Vikash Kumar Vikash and directed his instant reinstatement with full pay and allowances.
The Tribunal had concluded that there was no convincing proof of negligence and noticed that the police had little or no time to react to RCB’s sudden social media announcement of the celebration.
It famous that crowd management for an estimated three to 5 lakh individuals required considerably extra time and preparation than was accessible.
Regardless of recognising that RCB’s actions triggered the group build-up, the Tribunal held that the police couldn’t be anticipated to carry out miracles.
Following this, on 2 July, Advocate Basic Shashi Kiran Shetty knowledgeable the Excessive Court docket that Vikash had resumed duties in uniform.
The Court docket, nevertheless, refused to remain the CAT order and listed the matter for an in depth listening to the next day.
On 3 July, a division bench orally questioned whether or not suspension was essential and steered {that a} departmental shift might need sufficed. The AG insisted the suspension was well-supported by data and sought a keep of the CAT ruling.
Senior counsel Dhyan Chinnappa, representing Vikash, assured the courtroom that no contempt proceedings can be initiated. The Bench, in flip, suggested in opposition to precipitative motion till the matter is conclusively resolved.
Notably, Vikash is the one one amongst 5 suspended officers to problem the choice earlier than the Tribunal. The others embrace Bengaluru Police Commissioner B Dayananda, DCP Shekar H Tekkannavar, ACP C Balakrishna, and Inspector A Okay Girish.
