HC: Kumbh stampede ex gratia claims must be decided by dist admin, not judicial panel

Prayagraj: The Allahabad high court has said the claims for ex gratia to the victims of the Jan 29, 2025, Maha Kumbh Mela stampede must be decided by the district administration and the Mela Authority and not by the state-appointed judicial enquiry commission.

The division bench comprising Justice Ajit Kumar and Justice Satya Veer Singh was hearing a writ petition filed by one Sanjay Kumar Sharma, seeking compensation for the death of a relative during the stampede.

The court, in its order dated April 13, noted that disposing of representations for compensation was beyond the scope of inquiry of the commission.

The affidavit pointed out that the commission had returned the petitioner’s claim file to the Mela Adhikari while advising the Mela administration to decide the matter at its own level.

Examining the commission’s terms of reference, the high court noted 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 the coordination among the Mela and district administration, and health services.

The court further observed that during the hearing, neither the additional advocate general nor the state panel counsel could deny the factum of the stampede. In fact, the state also did not deny that it had already paid compensation to the dependents of some victims.

In view of this, the court concluded that in view of the state’s clear admission that there was indeed a loss of life and property, the commission does not need to further inquire into whether a stampede happened or not.

The court directed that every claim of compensation must be made before the district administration and not before the state judicial commission and the district magistrate (Mela)/Mela Adhikari must verify the facts.

“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),” added the bench

Regarding the present case, the bench noted that there is an inquest report of the deceased prepared by an SI as well as the postmortem report of the medical officer and these documents have not been disputed by placing any cogent material to the contrary.

The high court directed the Mela Adhikari to file a compliance affidavit by May 7.
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