RCB posts led to large gathering, stampede: Karnataka govt to High Court

Bengaluru: Repeated posts on social media by the Royal Challengers Bengaluru led to a large gathering outside the M Chinnaswamy stadium, resulting in the deadly stampede that claimed 11 lives, the state government informed the Karnataka HC on Monday.   

Advocate General (AG) K Shashikiran Shetty, appearing for the state government, told a bench presided over by Justice SR Krishna Kumar that social media platforms of RCB have nearly 13 crore followers and inviting fans to participate in the victory parade by announcing free passes was done without prior permission of authorities.

The AG was responding to submissions made by the counsels for the petitioners: Royal Challengers Sports Private Limited (RCSPL), its Marketing Head Nikhil Sosale, its Chief Operating Officer Rajesh V Menon, DNA Entertainment Networks and its Managing Director Venkata Vardhana Thimmaiah.

“They (RCSPL and others) are not entitled to any indulgence, in fact zero indulgence. They did not bother to care about those who lost their lives and suffered injuries. They did not bother to visit the families,” the AG said.

The advocate for the RCSPL countered it by stating that its social media posts had made it clear that entry into the stadium was against registration on the official website, and the issuance of passes would be keeping in mind the seating capacity of the stadium.

While the passes were free, the number of passes available was limited, and had to be booked online on the RCB website. The petitioners said that only a limited number of passes would be given to fans on a 'first come first serve' basis.

The petition further stated that the Chief Minister, through his X account had invited all, including RCB players and staff, to the Vidhana Soudha for the felicitation. The petition said that the gates at the stadium were opened at 3 pm and had to be closed immediately thereafter as the DNA Networks staff could not scan the QR codes.   

Senior advocate C V Nagesh, appearing for RCSPL, submitted that the offences invoked by the police in the FIRs are prima facie inapplicable.

“The only ‘act’ stated to have been committed by RCSPL is the invitation to the public to participate in the celebration. This, per se, cannot, by any stretch of imagination be considered a criminal act. Indeed the very act of inviting the public to a celebration was committed by the Chief Minister, who in much the same way as RCSPL, invited fans on social media,” he said.

Meanwhile, Sandesh Chouta, appearing for Nikhil Sosale, Marketing Head of RCSPL, submitted that the element of mens rea, which is indispensable in criminal liability, is glaringly absent. He said it is a fundamental principle of criminal law  that an accused cannot be held liable for offences requiring intent or knowledge where such mental elements are lacking.

Arrest is illegal

Senior advocate Sandesh Chouta said that Nikhil Sosale was with his wife and two-year-old child at the airport when the officials from the Central Crime Branch (CCB) had arrested him at 4.30 am.

He said while the FIR was registered by the Cubbon Park police, The CCB carried out the arrest and handed him over to the Cubbon Park police. By the time Sosale was produced before the magistrate by the Cubbon Park police, the case was transferred to the CID, the advocate said.

He further said that from 4.20 am till 8.30 am the police had not even provided intimation of arrest.

Justice SR Krishna Kumar adjourned the hearing to Tuesday the petition filed by Nikhil Sosale, while adjourning the other petitions to Thursday.