IMPORTANT POINT
Court is empowered under Article 32 and 226 to grant compensation for violation of Article 21 and the Fundamental rights.

JUDGMENT

Dipak Misra, J.

1. The 10th of April, 2006, the last day of the India Brand Consumer Show organized by Mrinal Events and Expositions at Victoria Park, Meerut, witnessed the dawn of the day with hope, aspiration, pleasure and festivity at the Victoria Park, Meerut, but, as ill-fortune (man made) would have it, as the evening set in, it became the mute spectator to a devastating fire inside the covered premises of the brand show area which extinguished the life spark of sixty-four persons and left more than hundreds as injured; and with the clock ticking, the day turned to be a silent observer of profused flow of human tears, listener of writhing pain and cry, and eventually, marking itself as a dark day of disaster in human history. Some, who were fortunate to escape death, sustained serious injuries, and some minor injuries.

The cruelest day of April converted the last day of the festival of Consumer Show to that of a horrifying tragedy for the families of the persons who were charred to death, the victims who despite sustaining serious injuries did not fall prey to the claw of fatality, and the others, slightly fortunate, who had got away with minor injuries bearing the mental trauma. The dance of death, as it appears, reigned supreme and the cruel demon of injury caused serious injuries as well as minor injuries. The assembly of pleasure paled into total despair and before the people could understand the gravity of the tragedy, it was over, leaving the legal representatives who have lost their parents, or the parents who have forever been deprived of seeing their children, or the wives who had become widows within fraction of a minute, blaming and cursing the officials of the State Government.

The contemporaneous history records it as "Great Meerut Fire Tragedy.

2. After the tragedy paraded at the Victoria Park a First Information Report was lodged against the accused persons under Sections 304A, 337, 338 and 427 of Indian Penal Code. The State Government, regard being had to the magnitude of the tragedy, vide notification No. 2155/p/Chh.p-3-2006- 12(51)p/2006 dated 2.6.2006, appointed Justice O.P. Garg, a former Judge of Allahabad High Court, as one man Commission under the Commissions of Enquiry Act, 1952 (for short "the Act").

The Commission was required to submit the report in respect of four issues, namely: -

"1. To find out the facts, causes on account of which the aforesaid accident occurred. To decide the ways and means to keep up the situation in control. In respect of the aforesaid occurrence, determination of liability and the extent thereof. Measures to be adopted to avoid the occurrence of such incident in future."

3. Almost at the time the Commission was appointed, the present writ petition under Article 32 of the Constitution was filed seeking the following reliefs: - "A. Pass appropriate writ, order or direction directing the respondent No. 13, CBI to take up the investigation of the case FIR No. 95 of 2006, registered at Civil Lines, Meerut, UP, u/s 304A/337/338/427, IPC and investigate the case in accordance with law, and this Hon'ble Court may be pleased to monitor the investigation from time to time, to ensure that no person guilty of any of the offences is able to escape the clutches of law and that the investigation is carried out as expeditiously as possible in a free and fair manner. Pass appropriate writ, order or direction directing the State Government to initiate action against the erring administrative officers for their atrocious and negligent 4ehavior while dealing with tragedy of this magnitude.

Pass appropriate writ order or direction awarding damages against the respondents, jointly and severally, to the petitioners including all victims who lost their lives, the names and particulars of which, are given in Annexure P.6 for a sum of Rs.106 crores (Rs.20 lakhs for 53 dead) with the direction to equally distribute the same to the first degree heirs of all the victims evenly or in such manner