Kochi: The Kerala High Court on Tuesday came down heavily on the police department for its failure to prevent the fireworks tragedy at Puttingal Temple that claimed the lives of over 100 people. The division bench comprising Justice Thottathil Radhakrishnan and Justice Anu Sivaraman castigated the police for its failure to prevent the firework display despite the temple committee failing to produce the licence for holding the fireworks.
The court also took the police to task for not slapping murder charges under Section 302 and Conspiracy (120B) in the FIR filed against the contractor. The police has filed cases under Section 304 involving culpable homicide not amounting to murder. Special government pleader C.S. Manilal submitted that the DGP is for banning the dangerous fireworks in the state.
The Kollam city police commissioner P. Prakash appeared in person before the court. The court observed that it was the statutory duty of the police to protect the life of the citizen and take steps to prevent a crime. The solicitor-general, appearing for the Union government, stated several violations including the violation of the Explosive Act while organising the fireworks.
The court asked the Kollam district administration and the district police to file affidavits. It raised a series of questions exposing the abject failure of the chain of command in the various government agencies. The HC asked how the firework was held despite the collector denying permission for it. Why was the police was unable to prevent it?
The revenue department was not proactive in its approach, the court observed. Directing the government to submit an affidavit, the court asked the police the source of the explosive and how the same was brought to the temple premises.
The court also observed that the government should consider a CBI probe taking into account the geographical location of the temple.
It asked how such large quantity of explosives could be stocked without permission at the temple premises located by the side of a high sea. It observed that the delay in handing over the probe to another agency had often reflected on the quality of the investigation being conducted by the other agency.
