JUDGMENT :

Wasim Sadiq Nargal, J.

BRIEF FACTS OF THE CASE

1. The present petition has been filed, in public interest, by the petitioner, who is a practicing lawyer in this Court and also claims to be a public spirited person and has been highlighting the issues of public importance by taking resort to Right to Information Act, 2005 and has represented the cause of public in much publicized Public Interest Litigations.

2. The petitioner through the medium of present petition, is seeking appropriate directions to the respondents to make public the Inquiry Report of 03 Members Committee constituted vide Govt. Order No. 01-JK (GAD) of 2022, dated 01.01.2022 to look into the unfortunate incident of stampede at Shri Mata Vaishno Devi Ji Shrine (Bhawan) in Katra (Reasi) in the intervening night of 31.12.2021 and 01.01.2022 which resulted into the death of 12 devotees and several persons were injured. Besides, the petitioner is also seeking appropriate directions against the respondents to fix accountability of the delinquent officers/officials in the matter so that such like incidents do not occur again as it is the duty of Shri Mata Vaishno Devi Shrine Board and its officers to ensure safe and proper performance of worship at the Shrine and also to do all such things as may be incidental and conducive to the efficient management, maintenance and administration of the Shrine and the convenience of the Pilgrims.

ARGUMENTS ON BEHALF OF THE PETITIONER

3. The short submission which has been projected by learned counsel for the petitioner in the present petition is that under section 5 of the Jammu & Kashmir Shri Mata Vaishno Devi Shrine Act, 1988, the Administration, Management and governance of Shri Mata Vaishno Devi Shrine and the Shrine Fund shall vest in a Board comprising a Chairman and members not more than 10 members. The said Act provides that for the efficient discharge of the functions assigned to it under the said Act, the appropriate Board may appoint a Chief Executive Officer (CEO) and under section 14 of the aforesaid Act, such other officers and servants as it considers necessary with such designations, pay, allowance and other remuneration and pre-requisites as the Board may determine from time to time.

4. Learned counsel appearing on behalf of the petitioner submits that during the intervening night of 31.12.2021 and 01.01.2022, unprecedented number of yatris were allowed to reach at Bhawan and because of huge rush of the pilgrims coupled with sheer mismanagement and lack of supervision, a stampede took place which claimed 12 innocent lives and several persons were injured. In view of the aforesaid unfortunate incident and keeping in view the seriousness of the matter, the Chairman of the Board, the Hon'ble Lieutenant, Governor Union Territory of Jammu & Kashmir, with a view to instill people's confidence in Rule of Law and to ascertain the causes/reasons behind the tragic incident and to point out the lapses and fix the responsibility thereof with a view to suggest the appropriate SOPs and safety measures for preventing the re-occurrence of such incidents in future, ordered the Constitution of a High Level 03 Members Committee headed by Principal Secretary to Government of J&K, Home Department, Additional Director General of Police, Jammu Zone and Divisional Commissioner, Jammu. The said order dated 01.01.2022 is reproduced as under :

“GOVERNMENT OF JAMMU AND KASHMIR

GENERAL ADMINISTRATION DEPARTMENT

Civil Secretariat, J&K

Subject: Constitution of a Committee to look into the incident at Katra.

Government Order No. 01-JK (GAD) of 2022

Dated: 01.01.2022

A high level three member Committee, headed by Principal Secretary to the Government, Home Department, is hereby constituted to ascertain the reasons behind the tragic incident at Shri Mata Vaishno Devi Ji Shrine in Katra, Reasi on 01.01.2022.

The Committee shall comprise of the fol