Tribunal quashes suspension of senior police officer over Bengaluru stampede
A bench comprising Judicial Member Justice BK Shrivastava and Member Santosh Mehra said that the suspension order had been passed 'in a mechanical manner' and without sufficient grounds. It directed the state government to reinstate Vikash immediately.
The tribunal also said that prima facie it appeared that Royal Challengers Bengaluru was 'responsible for the gathering' outside the stadium after it ' suddenly posted ' about the event without seeking prior permission from the police.
'It cannot [be] 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, etc,' the tribunal said in its order. 'Police personnel are also human beings.'
Sufficient time should be given to the police to control and make arrangements for such large crowds, it added.
The stampede had taken place at Gate Number 3 of the stadium on June 4, where fans had gathered to celebrate the Royal Challengers Bengaluru's victory in the Indian Premier League. Eleven persons were killed and more than 50 were injured in the incident.
On June 5, the state government suspended Vikash, along with Bengaluru Police Commissioner B Dayananda, Deputy Commissioner of Police (Central) Shekhar Tekkanavar, Assistant Commissioner of Police (Cubbon Park Division) Bala Krishna and Cubbon Park Police Station Inspector Girish.
Vikash had challenged the suspension order before the Central Administrative Tribunal.
The tribunal is a quasi-judicial body to resolve the grievances of government employees.
During the proceedings, the counsel for the police officer told the bench that he had been suspended without a show cause notice or granting him an opportunity to present his case, Bar and Bench reported.
The suspension was an extreme measure, the counsel argued, adding that it was unjustified because the magisterial inquiry was pending in the matter and there were no preliminary findings against the police officer.
However, the counsel for the state government argued that the primary responsibility of the police was to prevent crime, adding that the circumstances around the stampede prima facie indicated a failure of the police, Bar and Bench reported.
There was a substantial dereliction of duty on Vikash's part and that of others, the state had argued.
However, the Central Administrative Tribunal in its order on Tuesday said that the basis for such a conclusion was unclear as the order suspending the police officer did not explain how it came to the finding before the inquiry was completed.
The state government was not in a position to determine who was responsible for the stampede until the magisterial inquiry and the inquiry commission were ordered, the bench said.
It also urged the state government to extend relief to other police officers who were suspended after the incident.
On Royal Challengers Bengaluru's role in the events that led to the stampede, the bench said that the team had not applied for permission to undertake the victory procession under the necessary provisions.
'Without obtaining the permission from the police or without the consent of concerned police officers, the franchise of RCB placed the information to the public on social media platforms,' the order said.
The cricket team was prima facie responsible for the gathering of about three lakh to five lakh persons at a stadium that had a capacity of 35,000, it added.
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