Vijay rally stampede: TVK functionaries accuse State of manipulation, seek anticipatory bail from Madras HC

The Madras High Court on Friday reserved its verdict in the anticipatory bail pleas filed by the General Secretary and the Joint General Secretary of the Tamilaga Vettri Kazhagam (TVK) in connection with the criminal case registered by the Tamil Nadu Police after 41 people died in a stampede at actor-turned-politician Vijay's rally in Karur [N Anand alias Bussy Anand v. State of Tamil Nadu, CTR Nirmal Kumar v. State of Tamil Nadu].

Vijay is the founder and head of TVK. On September 27, a stampede unfolded at a rally organised by the TVK in Karur district's Veluswamypuram where Vijay was campaigning.

At least 41 people died during the stampede, including women and children, and dozens were injured.

Following the event, an FIR was filed against several TVK functionaries (excluding Vijay) under charges including culpable homicide not amounting to murder, for failing to ensure safety and for misrepresenting expected crowd size and venue arrangements. 

Single-judge Justice M Jothiraman today heard the pleas filed by General Secretary N Anand alias ‘Bussy’ Anand and Joint General Secretary CTR Nirmal Kumar seeking anticipatory bail.

Their counsel, advocate V Raghavachari, argued that the case filed against the TVK functionaries was a concocted one.

"Please see the allegations against me. My leader (Vijay) came (for the rally), he was 4 hours late. Their entire case is that instead of coming at 3 o'clock, why did you come at 7 o'clock? I am asking, is that a criminal offence? The entire case has been manipulated by the State. An accident cannot be converted into culpable homicide."

He added that the site where the rally took place had been allocated to TVK by the local authorities, and that it was not the site that the political party had sought when it initially applied for permission to hold the rally.

"The State owes an explanation why this place was given. It is their job. They have intelligence department. The same spot was found unsuitable for another party (AIADMK)," Raghavachari contended.

He went on to assert that crowd control was part of the State's duties.

"See the Police Act of 1861. Please see on whom the responsibility lies to manage the crowd. The entire responsibility is on the State. It is nobody's case that the crowd in this case indulged in anything untoward. The police enter and lathi charge. Straightaway lathi charge. The entire mess was created due to mishandling by the police," he said.

"As event organiser, do you have any responsibility towards the public?" the Court asked.

"I am not the event organiser. The event organiser has been arrested. If any incident takes place at a DMK rally, can the secretary be arrested? I am saying the event was orderly conducted till the police indulged in lathi charge. The entire issue is why do they rope me? The fact that I (referring to Anand) was an ex-MLA or that I am getting support should not be an intimidatory factor before any ruling party," Raghavachari replied.

He added,

"My lordship may grant me (petitioners) protection. I will be before them (police) from morning to the evening. But should I be humiliated like this by making an accused?"

The State, meanwhile, asserted that the tragedy that took place because TVK's leaders behaved irresponsibly.

"As General Secretary, he (Anand) made the request to the media and his cadre that the leader is coming, so the people should be there by 12 o'clock. Has he made a single statement in the media that people should behave responsibly? Not even a single announcement took place that the crowd should stay disciplined. What is the step taken by them? Was there any public announcement by the General Secretary or Join Secretary?" the State counsel contended.

While responding to the Court's query on whether children and women were part of the crowd which gathered during the rally, the State's lawyer added,

"No arrangements were made for them. Not even a single water bottle was available. Police can't give drinking water, they (TVK) have to do it. Of course, it is unfortunate incident but these people have not taken care of their own cadres, they absconded from the scene. None of these petitioners were available. Is it expected of the responsible people to do this?"

He went on to oppose any grant of anticipatory bail, particularly since the State had only begun investigating the case.

"Their anticipatory bail is another political strategy. These were totally reckless and heartless people," he maintained.

Earlier today, the High Court heard several other petitions filed in the aftermath of the stampede, including pleas for a Central Bureau of Investigation (CBI) probe, for the framing of protocols to be followed in political rallies and for the grant of enhanced compensation to those affected by the stampede.

The Court in that case eventually declined to order a CBI probe after noting that the Tamil Nadu Police's probe into the incident is at an initial stage and the petitioners seeking the CBI probe were not the victims of the stampede.

The Court further recorded a submission by the State that it will not permit any rallies or meetings near state or national highways till Standard Operating Procedures (SOPs) are framed in that respect.

[Live Coverage]