HC allows govt to file reply on stampede plea in sealed cover

Hindustan Times

a day ago

The Karnataka high court on Tuesday allowed the state government's request to file its response in a sealed cover to questions posed by the court on the stampede that took place outside Bengaluru's Chinnaswamy Stadium that left 11 dead and over 50 injured.
The state government told the court that it does not wish to make any public disclosures related to the June 4 tragedy. Instead, it sought the court's permission to file its response in a sealed cover, citing concerns that its submissions could be misused or prejudged.
Appearing before a bench of acting chief justice V Kameswar Rao and justice CM Joshi during the hearing of a suo motu public interest litigation (PIL), advocate general (AG) Shashi Kiran Shetty said the government's stand is that no information should be placed on record in open court until the conclusion of two ongoing inquiries –– one by a magistrate and another by a one-member commission.
'Our concern is that our submissions are being used out of context — for instance, in bail petitions,' Shetty told the court. He pointed to the case of Nikhil Sosale, marketing head of the Royal Challengers Bengaluru (RCB), who was arrested after the stampede. Shetty said Sosale was now citing an earlier clerical error in the government's court filings to claim his arrest was illegal.
The AG's submission came during the hearing of proceedings initiated suo motu by the high court on June 5, a day after the deadly incident at the stadium, where a massive crowd surge occurred during Royal Challengers Bengaluru's (RCB) IPL victory celebrations. More than 200,000 people reportedly gathered outside a venue with a capacity of just 30,000.
The court had previously asked the state to furnish detailed responses on key issues: who authorised the event, what crowd control and emergency measures were in place, and whether any advance assessment of the turnout had been made.
Pressed on the delay in filing its response, the state said it would comply if the court insisted, but only by submitting it confidentially. The court accepted this request and granted time until June 12 for the sealed filing.
In the immediate aftermath of the stampede, Karnataka chief minister Siddaramaiah had ordered the 'immediate arrest' of officials associated with RCB, event organiser DNA Entertainment, and the Karnataka State Cricket Association (KSCA). Sosale was arrested shortly thereafter.
In separate proceedings, Sosale has challenged his arrest on two key grounds: One, the alleged lack of legal authority with the Chief Minister to order it, and two, the fact that he was arrested by the Central Crime Branch (CCB) on city police instructions even after the case was transferred to the state Criminal Investigation Department (CID).
Arguing Sosale's bail plea before a different bench on Tuesday, senior advocate Sandesh Chouta contended that Sosale had been 'selectively' targeted, while no criminal action was initiated against state officials involved in organising or authorising the event.
AG Shetty again requested permission to file the government's reply in sealed cover in this case as well. Justice SR Krishna Kumar allowed the request and gave the State until June 11 to submit its justification for Sosale's arrest.