The Madras High Court on Friday harshly criticised the leadership of the Tamilaga Vettri Kazhagam (TVK), including its founder, actor-turned-politician Vijay, for 'fleeing' the site of the Karur stampede, which took place at a TVK rally held on September 27 and led to the loss of 41 lives [PH Dinesh v. Home Secretary, Government of Tamil Nadu].

Justice N Senthilkumar observed that ideally, TVK should have taken immediate rescue and assistance efforts to tackle the stampede-like situation.

"...it is really sad that Mr.Vijay, the leader and the members of his political party which organised the meeting fled the scene of occurrence...This Court strongly condemns the conduct of Mr.Vijay, the organisers of the event and the members of the political party for fleeing from the scene of occurrence immediately after mishaps."

The Court added that TVK's failure to release any "expression of responsibility" to show regret about the incident reflected a disregard for human life and public accountability.

It may be noted that Vijay had uploaded a video statement on X on September 30, in which he expressed that he was pained by the incident and urged the State not to take out any 'vengeance' on TVK cadres.

In the order passed yesterday, however, Justice Kumar took critical note that the TVK's leadership and members, who organised the Karur rally, were seen leaving the stampede site as the tragedy unfolded.

"Shockingly, the programme organisers, including the leader of the political party, absconded from the venue, abandoning their own cadres, followers, and fans. There is neither remorse, nor responsibility, nor even an expression of regret."

It also questioned why the State had not yet registered criminal cases in respect of two accidents that took place at the stampede site, which allegedly involved collisions with the bus that was carrying Vijay.

"In footage (video footage circulated on social media), it is visibly evident that two motorcycles were involved in the accident, and that the driver of the bus, having seen the accident, fled from the scene...In both instances, no First Information Report (FIR) has been registered by the respondent police for the offences of hit and run...This Court expresses its deep anguish and concern over the failure of the authorities to take action. Even in the absence of a formal complaint from the aggrieved parties, it is the duty of the State to register a suo motu FIR and ensure that the accused face trial in accordance with law," the Court said.

Justice Senthilkumar went on to express that the State's investigation in the matter was not up to mark.

"This Court is not satisfied with the progress or independence of the said (State) investigation," he said.

The Court, therefore, ordered a probe by a Special Investigation Team (SIT) into the stampede, even though it was not one of the directions sought by the litigant before the Court.

The litigant, PH Dinesh, had sought directions to put in place a safety protocol to be followed during road shows.

"Though the prayer in the present writ petition is limited, the scope of the writ petition has been widened due to the extraordinary circumstances, which warrant extraordinary measures. This Court cannot close its eyes, remain a mute spectator, and shrink from its constitutional responsibilities," the Court opined.

The SIT is to be headed by Asra Garg, Inspector General of Police (North Zone). The other members of the team are Vimala (IPS), Superintendent of Police, Namakkal and Shyamaladevi, Superintendent of Police, CSCID. The Court added that additional members may be inducted into the team, as required, by Garg.

"The State Government is directed to extend full cooperation and provide all necessary facilities for the effective functioning of the SIT...All the available CCTV footages in the place of the incident, more particularly, the CCTV footages inside and outside the bus carrying the leader of the political party shall be seized. The said bus which is involved in the hit and run shall also be seized," it added.

Senior Advocate G Sankaran and Advocate S Bharathi Rajan appeared for the petitioner.

Additional Advocate General J Ravindran, assisted by Government Advocate S Santhosh, and Public Prosecutor Hasan Mohammed Jinnah, assisted by Additional Public Prosecutor A Damodaran, appeared for the State authorities.

[Read Order]