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2022 Supreme(SC) 343

HEMANT GUPTA, V. RAMASUBRAMANIAN
SANJAY GUPTA – Appellant
Versus
STATE OF UTTAR PRADESH THROUGH ITS CHIEF SECRETARY – Respondent


Advocates appeared:
For the Petitioner(s):Prem Malhotra, Advocate
For the Respondent(s):Rajeev Kumar Dubey, Ashiwan Mishra, Kamlendra Mishra, Gunnam Venkateswara Rao, P. Parmeswaran, Sunil Kumar Jain, Anuvrat Sharma, Manoj K. Mishra, Umesh Dubey, D.N. Dubey, Vishrov Mukeree, Sudhir S. Rawat, Pradeep Misra, Saurabh Trivedi, A.P. Dhamija, J.P. Singh, Sarad Kumar Singhania, Shanti Bhushan, Sr. Adv. (N.P.) Rohit Kumar Singh, Sunita Singh Chauhan, Hitesh Kumar Sharma, Akhileshwar Jha, E. Vinay Kumar, Arvind Kumar Sharma, Advocates

JUDGMENT

Hemant Gupta, J.

1. The present writ petition has been preferred by the victims of the fire tragedy which occurred on 10.4.2006 at about 5:40 p.m., the last day of the India Brand Consumer Show organized at Victoria Park, Meerut, Uttar Pradesh by Mrinal Events and Expositions who are being represented as Respondents 10 to 12 herein. For the sake of convenience, Respondents 10-12 are being collectively referred as “Organizers”. This unfortunate incident claimed the lives of 65 persons and left 161 or more with burn injuries.

2. The State of Uttar Pradesh appointed Hon’ble Mr. Justice O.P. Garg (Retired) in terms of provisions of the Commission of Inquiry Act, 1952, For short, the ‘Inquiry Act’, vide order dated 2.6.2006 with the following terms of reference:

    “(1) To find out the facts, causes on account of which the aforesaid accident occurred;

    (2) To decide the ways and means to keep up the situation in control;

    (3) In respect of the aforesaid occurrence, determination of liability and the extent thereof;

    (4) Measures to be adopted to avoid the occurrence of such incident in future.”

3. The above appointed Commission submitted its report on 5.6.2007 wherein various witnesses and

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