Bengaluru stampede during RCB celebration in spotlight after tragedy at Vijay’s Karur rally, chargesheet likely to be filed soon

A chargesheet is yet to be filed in the Bengaluru stampede case, where RCB, Karnataka State Cricket Association and event management firm DNA Entertainment Networks have been named as accused.

On July 8, the Karnataka High CCourt passed an order in writ petitions filed by RCB, KSCA and DNA officials for quashing of the cases against them, stating that “respondents are directed not to file the final report without the leave of the court”.

The court had previously directed the police not to take any coercive steps “nor arrest the petitioners” and also granted bail to two officials of RCB and DNA who had been arrested soon after the first FIR was registered on June 5 over the stampede.

Special Public Prosecutor B T Venkatesh said the HC directive not to file a chargesheet without clearance of the court had not hindered the probe.

“There is no stay on filing of the chargesheet, but there is a direction that once the chargesheet is completed, the permission of the HC must be obtained for filing it. The chargesheet must be ready and approved by both the police department and the prosecutor for submission. Once this is done, a memo will be filed with the court saying the chargesheet is ready and that we should be permitted to file the same,” the SPP said.

“The chargesheet is almost ready and we have informed the court that we are in the stage of completion of the charge sheet. We will move a memo to the HC on completion,” he added.

Liability in stampedes with organisers and state

The SPP stated that liability in any case of stampedes leading to deaths is vested in equal measure with the organisers of the event and the state as well.

“One of the major aspects in any stampede is that the responsibility is dual and not singular. There is an element of responsibility with the state for failing to provide the necessary arrangements. There is also the failure of the organisers, whose negligence leads to the incident. The responsibility is not only on the state,” Venkatesh said.

“In any case of stampede, it is necessary to take action against all concerned. Following the Bengaluru stampede, a departmental inquiry has been initiated against the erring police officials. This is a form of prosecution of the officers and will have its consequences,” he said.

Similarly, the organisations and management that run the function are also equally accountable, and they will also need to be prosecuted. This is the way forward for legal action in stampede cases. At the end of the day the lives of citizens are lost and all the parties are responsible,” the SPP said.

“We cannot say that the people are responsible, as they contributed to the negligence by coming to the event. They would not come to an event if they were not invited. The moment there is an invitation to an event, there is a liability to ensure protection. In all these incidents, the prosecution has to be against the state and organisers in case of failures,” he said.

RCB recently announced a memorial for the 11 people who died in the stampede and an enhanced compensation of Rs 25 lakh for their families

The Karnataka CID is conducting an investigation into the criminality involved in the stadium stampede case, where the culpable homicide section has been invoked. The Bengaluru police registered three FIRs on June 5.

Two DNA officials and an RCB official who were initially arrested in the case on June 6 were granted bail by the HC. The court granted KSCA officials and other RCB and DNA officials protection against arrest.

The Karnataka government also suspended (and later reinstated) three IPS officers, including the then Bengaluru police commissioner B Dayananda, additional commissioner Vikash Kumar Vikash, deputy commissioner Shekar Tekkanavar, along with two jurisdictional policemen, after the Karnataka HC took up a suo motu petition to bring about corrective measures and SOPs to prevent stampedes.

A judicial commission headed by retired Karnataka High Court Judge Justice John Michael D’Cunha, which the Karnataka government set up to probe the stampede, recommended legal action against multiple officials of RCB, event managers DNA, KSCA, and the Bengaluru police.

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