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Terming as 'unfortunate' the January 29 stampede at Maha Kumbh where at least 30 people were killed, the Supreme Court on Monday refused to hear a public interest litigation (PIL) for guidelines over safety of devotees and asked the petitioner to move the Allahabad high court instead.
A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar said, "It is an unfortunate incident, something which is of concern. But you go to the Allahabad High Court."
The stampede took place on the occasion of Mauni Amavasya, one of the most auspicious days of the Hindu calendar, in which at least 30 people lost their lives and 60 were injured in a pre-dawn stampede at Sangam area in Prayagraj.
The bench noted the submission of the UP government, represented by senior advocate Mukul Rohatgi, that a plea was already filed in the Allahabad high court and the present petition should not be examined in the apex court.
He said a judicial inquiry was initiated.
Advocate Vishal Tiwari filed the PIL on January 30, a day after the incident in the stampede in Prayagraj.
The petition filed under Article 32 of the Constitution sought guidelines to prevent stampedes and protect the fundamental rights of equality and life under Article 21.
The plea, which made the Centre and all the states parties, sought a direction to them to work collectively in ensuring a safe and secure environment for devotees at the Maha Kumbh.
'A petition -- filed under Article 32 of the Constitution of India praying for a writ of mandamus or any other appropriate writs seeking issuance of specific directions, policies and regulations initiate guidelines and directions to state governments to facilitate the people for Maha Kumbh avoid stampede incidents and to determine and initiate assessment to ensure safety, viability, etc., for the enforcement of fundamental right of equality and life under Article 21 of the Constitution and to call a status report,' the plea said.
Aside from seeking all states to establish facilitation centres at Prayagraj to provide safety information and assist their respective residents in emergencies, it sought installation of signages and announcements in multiple languages to help pilgrims navigate the event with ease.
'All states shall establish in proper manner their facilitation centres at Prayagraj the Maha Kumbh. These centres shall provide and display the basic information regarding the safety measures and guidelines to the persons coming from their states. In emergency these centres shall be ready for any assistance,' it said.
The plea said SMSes and WhatsApp messages should disseminate safety protocols to participants.
There is the need for coordination between the UP government and other states to ensure the availability of doctors and nurses at the venue, it added.
The plea sought regulation of VIP movement and said public safety should be prioritised over VIP protocols to prevent congestion and ensure smooth crowd movement.
'The VIP movement shall not effect or create danger to the common devotees safety and maximum space for entry and exit of devotees at Maha Kumbh shall be provided,' it said.
The petitioner urged the top court to direct the state government to submit a status report on the stampede and initiate legal action against those responsible for negligence.
It referred to the several past incidents of stampedes during religious gatherings, emphasising the need for proactive safety measures, and said in 1954, over 800 deaths took place due to overcrowding on a narrow bridge at the Kumbh Mela in Prayagraj.
Around 200 people were killed in a stampede triggered by restricted access at Kumbh at Haridwar in 1986, it said, adding 39 deaths and over 140 injuries took place in 2003 at Nashik.
In 2013, 42 persons died at the Allahabad railway station following a footbridge collapse.
The Kumbh Mela is one of the largest religious gatherings in the world, taking place in rotation among four major locations: Prayagraj (Uttar Pradesh), Haridwar (Uttarakhand), Ujjain (Madhya Pradesh), and Nashik (Maharashtra).