5 months ago
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The Goa Bench of the Bombay High Court volition perceive connected December 16 a nationalist involvement litigation (PIL) petition seeking a court-monitored probe into the Arpora nightclub inferno that killed astatine slightest 25 radical connected December 6. The petition, filed by societal activistic Aishwarya Arjun Salgaonkar, alleges “grave, systemic, recurring failures of nationalist safety, regulatory oversight, occurrence information enforcement, catastrophe preparedness, and assemblage absorption successful Goa,” and calls for sweeping reforms to forestall specified tragedies.
The PIL plea, moved nether Articles 21, 14 and 226 of the Constitution, names the State of Goa, Town and Country Planning Department, Fire and Emergency Services, Pollution Control Board, section panchayat, and the nightclub’s promoters among 13 respondents. Advocate Ankur Kumar, appearing for the petitioner, mentioned the substance earlier a Division Bench of Justices Sarang V. Kotwal and Ashish S. Chavan, which listed it for proceeding connected December 16.
The petition describes the December 6 blaze astatine Birch by Romeo Lane arsenic “a devastating fire” that erupted astir midnight during a signifier show and dispersed rapidly due to the fact that the operation consisted of “palm leafage impermanent constructions and highly flammable materials.” It read, “The nightclub had nary valid construction licence, and aggregate demolition orders had antecedently been issued against it. This shows a shocking nonaccomplishment of municipal, panchayat, and territory authorities to enforce adjacent the astir basal statutory requirements intended to support nationalist life.”
Fire engines could not scope the venue due to the fact that the attack roadworthy was a constrictive single-lane stretch, forcing tenders to halt nearly 400 metres away. The PIL plea presumption this “a nonstop usurpation of the National Building Code, which mandates a six-metre wide attack roadworthy for exigency vehicles.” Most victims, including workers and tourists, died of suffocation aft being trapped successful the room country without ventilation oregon flight routes. The plea cites Chief Minister Pramod Sawant’s admittance that the nine had “not followed occurrence information norms,” the doors were “congested,” and determination was “no due ventilation.”
Calling magisterial inquiries “wholly inadequate,” the petition argues: “Such inquiries deficiency independence, cannot analyse elder officials, and seldom effect successful actionable reforms oregon transgression accountability.” It urges the tribunal to intervene, stating: “Unless this tribunal intervenes, amerciable commercialized establishments and unregulated wide gatherings volition proceed to assertion guiltless lives successful Goa.”
Shirgao stampede
The PIL plea besides points to a akin lapse earlier this twelvemonth erstwhile a stampede during the Lairai Jatra at Shirgao killed 7 devotees and injured 80. “Despite the government’s afloat cognition that lakhs be this festival annually, determination was nary scientific, pre-planned crowd-management strategy… This stands successful usurpation of the Disaster Management Act, 2005 and the NDMA Guidelines connected wide gatherings,” the petition states.
Among its prayers, the PIL seeks a court-monitored Special Investigation Team to probe the Arpora fire and licensing failures, a Judicial Commission headed by a retired High Court justice to analyse assemblage power lapses, a State-wide occurrence information audit of each nightclubs, bars, hotels and formation venues, and closure of establishments lacking construction licences or occupancy certificates. It besides demands NDMA-compliant protocols for festivals, accountability and transgression enactment against errant officials, and compensation for victims’ families nether the nationalist law remedy doctrine.
The plea cites Supreme Court rulings in Nilabati Behera, D.K. Basu, and Paschim Banga Khet Mazdoor Samity to reason that the State is constitutionally liable for failing to enforce safety laws. “The close to beingness nether Article 21 includes the close to information and extortion from avoidable dangers arising from governmental negligence,” it asserts.
Meanwhile, the nightclub’s promoters person been booked for culpable homicide, and authorities person sealed different outlet linked to the aforesaid radical in Vagator. Political leaders crossed parties person demanded a transparent probe and strict enforcement of occurrence information norms. The State authorities has ordered a magisterial enquiry and suspended respective officials, but the PIL plea insists that lone judicial oversight tin guarantee accountability and systemic reform.
