KATRA: A court in Katra has rejected a petition seeking an FIR against officials of the Shri Mata Vaishno Devi Shrine Board over the tragic deaths of 35 pilgrims in a landslide on August 26, citing the incident as a result of a natural disaster.
The plea argued that the shrine board officials acted negligently by allowing the pilgrimage to continue despite weather warnings issued by the Srinagar Meteorological Centre and the J-K Disaster Management Authority. Petitioners sought registration of the FIR under Sections 105 (culpable homicide not amounting to murder) and 106 (causing death by rash or negligent acts) of the Ranbir Penal Code.
Sub-Judge Sidhant Vaid, Judicial Magistrate First Class, Katra, dismissed the plea, noting that the immediate cause of the incident was natural, and that administrative lapses alone do not constitute criminal negligence. “Even if the allegations are taken as true, non-compliance with advisories could at most reflect administrative oversight. There is no element of criminal negligence,” the court said.
The judge emphasized that criminal liability under Section 106 requires proof of a grossly negligent act, foreseeability of harm, and a direct causal link between the act and the deaths. The court noted that the pilgrimage had been intermittently halted on August 24 and 25 due to heavy rains, and that standard safety procedures were being followed.
The ruling clarified that the dismissal of the plea does not affect the ongoing inquiry ordered by Lieutenant Governor Manoj Sinha shortly after the incident. Witness statements and police reports had indicated that the area experienced two to three days of heavy rainfall prior to the tragedy.
“The complaint alleged negligence, not intent, and intention and negligence are distinct legal concepts. Therefore, culpable homicide charges cannot be sustained,” the court added.
Residents and devotees have expressed relief that the investigation will continue, even as the legal route to hold the shrine board criminally accountable has been curtailed.
