'RCB created nuisance, cops not magicians': CAT cancels IPS officer's suspension in Bengaluru stampede case
The Bengaluru bench of the tribunal comprising Justice BK Shrivastava and administrative member Santhosh Mehra, had reserved its verdict on June 24.
The tribunal noted that the sufficient time should have been given to the police personnel to make arrangements for the Royal Challengers Bengaluru (RCB) victory parade in Bengaluru, blaming the franchise for 'creating the nuisance'.
'Prima facie it appears that the RCB is responsible for the gathering of about three to five lakh people. The RCB did not take the appropriate permission or consent from the Police. Suddenly, they posted on social media platforms and as a result of aforesaid information the public were gathered.'
The CAT said, 'It cannot expected from the Police that within a short time of about 12 hours the Police will make all arrangements required in the Police Act or in the other rules.'
'Police personnel are also human beings. They are neither 'God' nor Magician and also not having the magic powers like 'Alladdin ka Chirag' which was able to fulfil any wish only by rubbing a finger . To control the aforesaid type of gathering and for making the proper arrangements sufficient time should be given to the Police,' the tribunal said.
It further added, 'But neither the information was given to the Police for making the arrangements nor the permission was applied or granted by the Police. The KSCA submitted a letter which also did not contain any request for granting the permission or for making the arrangements. The letter shows only the information regarding the intention. Therefore, it was not expected from the Police that upon the basis of letter submitted before the Station In-charge of one Police Station, the Police will make all arrangements all of a sudden.'
IPS officer Vikash Kumar Vikash was suspended who later moved the CAT challenging his suspension.
The tragic stampede incident on June 4 in front of M Chinnaswamy stadium claimed the lives of 11 people.
After the CAT order, Vikash Kumar Vikash's counsel, senior advocate Dhyan Chinappa, said, 'The tribunal has allowed the petition and annulled the suspension, affirming that he is entitled to all benefits as per service rules.'
'The Police officers have been suspended without any sufficient material or grounds. Hence, the aforesaid order is liable to be quashed,' the order said.
'We allow the present petition, and quash the order dated June 4, in relation to the suspension of Vikash Kumar Vikash, (IPS, Inspector General & Additional Commissioner of Police, West, Bengaluru City).' It then directed the government to reinstate the applicant immediately and said the period of suspension shall be treated as duty with full pay and allowances.
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