Cops behaved like RCB's servants: State to Karnataka High Court in Chinnaswamy stampede case

The State government on Thursday defended its decision to suspend Additional Commissioner of Police (ACP) Vikash Kumar in the wake of the June 4 Chinnaswamy Stadium stampede that left 11 people dead [State of Karnataka v. Vikash Kumar Vikash and ors].

The State told a Bench of Justices SG Pandit and TM Nadaf that ACP Kumar was among the police officers suspended after the stampede for failing to carry out crucial duties.

Representing the State, Senior Advocate PS Rajagopal argued that the police had the power to stop the organisers from carrying forward last-minute plans to hold a victory parade for the Royal Challengers Bengaluru (RCB) cricket team, which culminated in the stampede.

Instead, the police behaved like RCB's servants, he said.

“On June 3, (the final IPL cricket) match was to commence at 7.30 PM, a letter is given to Cubbon Park station – 'in case we win, what we are going to do.' Even before the coin toss, the letter is tossed on to the police, on June 3 at 6.30 PM. They (police) could have simply rejected. On the other hand, what do these officers do? As if they are servants of RCB, as if they have no powers under Police Act and Licensing Order, they start making the bandobast security arrangements without asking the question – who has permitted (the victory parade)? ... Commissioner onwards, all start making bandobast arrangements. They forget one simple issue, that they have not permitted (such an event)."

The Court was hearing the State's appeal challenging a Central Administrative Tribunal (CAT) order that had revoked the suspension of ACP Kumar.

Rajagopal today alleged that the CAT's order focused on irrelevant aspects, and also claimed that the tribunal had erred in refusing to take on record certain additional documents that the State sought to submit on June 30.

"This is not a case where it did not warrant suspension. The tribunal had a duty to receive (which it refused to do) a memo I had filed on June 30 (with additional documents). Order was not pronounced at the time; the order was pronounced only on July 1," he said.

"What difference it has made by not receiving the additional documents?" asked the Court.

"The manner in which it was looked at would have been different," Rajagopal replied.

The Court today also heard brief submissions by Senior Advocate Sandesh Chouta, who appeared for the RCB and opposed the CAT's observation that the company owning the cricket team was prima facie responsible for the crowds which led to the stampede.

"How do you put the blame on RCB which was not even party to the case?" he asked.

Senior Advocate Dhyan Chinnappa appeared for ACP Kumar and began his response to the State's arguments today. He argued that the State has made a scapegoat out of the police officers who were suspended.

"In all of these unfortunate events, there has to be a scapegoat, and it has to be someone within the establishment. So you choose the top three officers in the establishment and suspend them. And you suspend them in contemplation of disciplinary enquiry? No, it is done to 'ensure accountability.' Now it becomes no longer a suspension in contemplation of enquiry, but suspension as punishment - that can never be accepted," he said.

He also argued that the June 4 events were unprecedented and that the organisers had done everything that could possibly be done to de-escalate the situation. The tragedy unfolded within moments, he pointed out.

To drive home this point, he also drew a comparison to the 2009 "Miracle on the Hudson", when an aeroplane pilot was forced to land a plane on river Hudson after the aircraft encountered a bird strike.

"Every simulation (examined by a commission of inquiry) said you could have landed in airport. But the pilot asked, have you accounted for the fact that it is happening for the first time? Which means you must consider the human element and you would lose a few seconds. The simulation added those seconds, and the plane would crash in every simulation (when an airport landing was attempted)," he recounted.

Chinnappa will continue his submissions tomorrow.

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