The Gujarat High Court on Thursday vehemently criticized the state government regarding the Rajkot game zone fire, which claimed the lives of 27 individuals last month.
It demanded an explanation as to why the former chief of the local civic body was not suspended for failing to address the facility operating without permission.
Failure to Act
Expressing frustration, the high court learned that despite the Rajkot Municipal Corporation (RMC) issuing a demolition notice to the TRP Game Zone, where the tragic fire occurred on May 25, no action was taken against the establishment by the civic body for one year after the notice was served. Anand Patel was the commissioner of the civic body at that time.
A special bench comprising Justices Biren Vaishnav and Devan Desai was hearing a suo motu PIL initiated on May 26, the day following the fire incident at TRP Game Zone in Rajkot.
Safety Negligence
During the hearing, RMC’s counsel, G H Virk, conveyed to the court via an affidavit that the RMC’s fire department did not conduct regular inspections at the TRP Game Zone, and there was a lack of adherence to safety measures as stipulated by the Fire Safety Act.
Furthermore, it was disclosed in the proceedings that the owners of the game zone had never applied for a fire NOC, and the facility was operating without police permission, which is obligatory under section 33(w) of the Gujarat Police Act.
Awareness of Illegal Structure
The court also learned that the RMC’s Town Planning Department was aware of the illegal structure, and a demolition notice was issued in June 2023. Prior to that, in April 2023, a notice was also issued to remove the unauthorized construction under the provisions of the Municipal Corporation Act.
“So you terminated the Town Planning Officer. But why wasn’t the then municipal commissioner suspended? The responsibility lies at the top. A demolition order was issued in June 2023. What happened after that? You remained inactive until 27 lives were lost. For one year, you did nothing,” Justice Vaishnav remarked.
He also questioned why Indian Penal Code (IPC) section 302 (murder) should not be applied against IAS officer Patel, who was the commissioner at the time of the incident and later transferred without a posting by the state government.
In the RMC’s defense, Virk informed the bench that Patel was unaware of the unauthorized structure because the RMC’s fire officers had never communicated any information regarding the game zone to Patel since it emerged on a piece of land in 2021.
Advocate General Kamal Trivedi assured the bench that action would be taken once the state government-appointed Special Investigation Team (SIT) submits its final report. Trivedi stated that the SIT has been tasked with submitting its report by June 20.
Demand for Accountability
In response to Justice Vaishnav’s inquiry about whether the state government intends to hold senior officers accountable in such cases, Trivedi mentioned that the government awaits the final SIT report for any further steps. “RMC officers neither acted against the management nor brought the game zone issue to Patel’s attention. The SIT has identified these officials. They cannot evade legal consequences. I assure you,” Trivedi stated, adding that the state government has declined to extend the deadline for the SIT, instructing them to submit their findings by June 20.
When Trivedi emphasized that India is a democratic country and officials cannot be condemned without due investigation, Justice Vaishnav countered, “They must face the consequences if found guilty.”
“This time, we demand that no municipal commissioner, past or present, of any municipal corporation, should escape personal accountability for such incidents. They cannot merely sit in their offices and pass the blame,” Vaishnav asserted.
The division bench has scheduled the next hearing for June 13, 2024.
