Vaishno Devi landslide: J&K court rejects plea for FIR against shrine board officials

Srinagar: A local court in Jammu and Kashmir has dismissed a plea seeking registration of an FIR against officials of the Shri Mata Vaishno Devi Shrine Board over the August landslide incident that killed 35 pilgrims, holding that the tragedy was caused by a natural disaster and did not amount to criminal negligence.

The complaint had alleged that the pilgrimage was not suspended despite advance weather advisories issued by the Meteorological Centre, Srinagar, and the Jammu and Kashmir Disaster Management Authority—a concern that had also been raised publicly after the incident, including by political leaders who questioned why pilgrims were allowed to remain on the track despite forecasts of heavy rain.

Seeking action under Sections 105 and 106 of the Bharatiya Nyaya Sanhita, the petitioner accused the shrine board’s CEO and other officials of culpable homicide and causing death by negligence.

Dismissing the plea, Judicial Magistrate First Class, Katra, Sidhant Vaid said police reports and witness statements showed that the immediate cause of the incident was a natural calamity. Even if the allegations were accepted, the court said, failure to act on weather advisories could at best be an administrative lapse, not a criminal offence.

The court noted that it had been raining heavily for two to three days before the landslide and that the yatra was halted intermittently on August 24 and 25 in line with safety protocols. For criminal liability, it said, there must be proof of gross negligence, foreseeability of harm and a direct causal link with the deaths, which was absent in this case.

The order, the court clarified, will not affect the inquiry ordered by Lieutenant Governor Manoj Sinha.

The landslide occurred on the track to the Mata Vaishno Devi cave shrine atop the Trikuta hills in Reasi district, one of India’s holiest pilgrimages that draws around one crore devotees annually. The tragedy had renewed debate over safety and weather-linked suspension of pilgrimages, especially after similar weather-related incidents in the region.