The Allahabad High Court has clarified that claims for ex gratia compensation to victims of the January 29, 2025, Maha Kumbh Mela stampede must be adjudicated by the district administration and the Mela Authority, rather than the state-appointed judicial inquiry commission.
Court's Ruling
A division bench comprising Justice Ajit Kumar and Justice Satya Veer Singh issued this directive while hearing a writ petition filed by Sanjay Kumar Sharma, who sought compensation for the death of a relative during the stampede. The court, in its order dated April 13, noted that processing compensation claims falls outside the commission's scope of inquiry.
The affidavit submitted before the court revealed that the commission had already returned the petitioner's claim file to the Mela Adhikari, advising the Mela administration to decide the matter at its own level.
Commission's Terms of Reference
Examining the commission's terms of reference, the high court observed that its primary tasks were to ascertain the reasons and circumstances of the incident, offer suggestions to prevent future occurrences, inquire into the loss of life and property, and examine coordination among the Mela and district administration, as well as health services.
The court further noted that during the hearing, neither the additional advocate general nor the state panel counsel could deny the occurrence of the stampede. The state also did not deny that it had already paid compensation to the dependents of some victims.
State's Admission
Given the state's clear admission that there was indeed loss of life and property, the court concluded that the commission does not need to further inquire into whether a stampede happened. The court directed that every compensation claim must be made before the district administration, not the state judicial commission, and that the district magistrate (Mela) or Mela Adhikari must verify the facts.
The bench added: "The material placed before the Mela Adhikari has to be examined in each individual case while arriving at a finding that such death took place on the fateful day (Mauni Amavasya)."
Specific Case
In the present case, the bench noted that there is an inquest report of the deceased prepared by a sub-inspector as well as a postmortem report from the medical officer, and these documents have not been disputed by any cogent evidence to the contrary. The high court directed the Mela Adhikari to file a compliance affidavit by May 7.
