IMPORTANT POINT
The main legal point established in the judgment is the requirement for permissions from the Administrator for organizing events within the Mandir precincts and the importance of continuing the redevelopment of the Mandir without any impediments.

JUDGMENT

Prathiba M. Singh, J. (Oral) - This hearing has been done through hybrid mode.

2. These matters pertain to the Kalkaji Mandir, which this Court has been hearing from time to time. These are part-heard matters.

3. On the last date of hearing i.e., on 20th February, 2024 this Court had directed the Delhi Police to conduct an investigation and submit a detailed report stating as to who were the persons responsible for the incident that took place on the intervening night of 27/28th January, 2024 within the Kalkaji mandir premises as a result of which several got injured and one women passed away. The Delhi Police has filed its status report pursuant to order dated 20th February, 2024. The said status report reads as under:

"It is submitted that in the intervening night of 27/28.01.2024 at 12.41 am, a PCR call vide GD No. 11A was received at Police Station, Kalkaji, Delhi regarding collapse of stage at Kalkaji temple during Jagran. After the call the IO/SI Sushil Kumar reached the spot incident and the injured persons were shifted to different hospitals. Subseqeuntly, crime team also visited the spot and took photographs of the place of incident. Meanwhile, information was received from different hospitals regarding MLCs of 16 victims who have sustained injuries in the said incident out of which one lady aged about 55 years was declared brought dead at MAX Hospital, Saket. Later on, the deceased was identified as Teena (aged-55 yrs) w/o Ved Prakash r/o Tuglakabad Extension, Govindpuri, Delhi.

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6. As per the statements of witnesses recorded u/s 161 CrPC, it has been found that the incident had taken place due to the negligence of the organizers of the Jagran. The statements of singers Arjun Suri and Rahul Banjara were recorded in which they stated that they were contacted by one Satish Kumar and Anuj Mittal to perform in the said event. Later on, statement of Rajesh Khurana, the owner of Rama Tent Decorators was also recorded who stated that he was contacted by Satish Kumar and Anuj Mittal for installing the main stage and tent at the said event. He further stated that the elevated platform which had collapsed on the date of incident was installed by one Aviram Patra, the owner of ANK Innovation on the request of the organizers. It was found that the event was organized by Shri Kalkaji Sajja Sewadar Mitr Mandal (SKSSMM) and Anuj Mittal is its president. Subsequently, notices u/s 41A CrPC were served upon Anuj Mittal and Satish Kumar and both the accused persons were arrested on 30.01.2024 after interrogation and were released on bail. The invitation card for the said event was obtained from the accused person Anuj Mittal, President of SKSSMM and the same was seized. Subsequently, Sh. Aviram Patra was interrogated who stated that the said platform was installed by him on the request of the organizers Anuj Mittal and Satish Kumar and the same was made only for 20-25 people to seat there. That no chairs were put on the elevated platform. He further stated that a trial was conducted by him in which it was found that the said platform would bear the weight of approximately 50 persons and that when the incident had occurred, he was present at the said event and that more than 100 hundred persons had climbed on the platform and efforts were made to disperse the crowd from the sad platform. He had also requested Anuj Mittal and Satish Kumar to control the crowd but no heed was paid to the said request.

7. The organizers have stated that they had obtained verbal permission to use the premises for the event from Mahant of Kalkaji Mandir and on their request, Sh. Surender Nath Avdhoot through his representative Yogi Abhinav Nath had requested the DGM, BSES, Nehru Place, Delhi vide letter dated 19/12/2023 (Copy enclosed) to provide temporary electricity meter for Chowki/Jagran purpose at Mahant Niwas Parisar from 19.12.2023 till 28.01.2024 in the name of Society Shri Kalkaji Sajja Sewadar Mitr Mandal During investigation, the details rega