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The high court also directed the Delhi Police to take action against those responsible for it.
The court noted that though the temple is under the full management and control of an administrator appointed by the high court, the administrator had not given any permission for holding the event.
Justice Prathiba M Singh said the status report filed by the police leaves no doubt in the mind of the court that the permission for conducting the ‘jagran’ (religious function) was given by the temple.
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The court had in February took into account the ”recent unfortunate jagran incident” that took place on the intervening night of January 27 and 28 and sought a status report in relation to the probe, which is to be conducted expeditiously.
The 45-year-old woman died and 17 people were injured during the ‘jagran’, which was organised at the ‘Mahant Parishar’ of the temple. Around 1,600 people had attended the event. An FIR was registered at Kalkaji police station after the incident.
In its March 12 order, the high court after perusing the status report of the police noted that the ‘jagran’ was organised by Shri Kalkaji Sajja Sewadar Mitr Mandal and its president/ office bearers Anuj Mittal and Satish Kumar were the organisers.
The report said that they were given permission by Surender Nath Avdhoot who describes himself as the mahant of the temple.
The police submitted that the investigation is yet to be concluded with respect to the incident.
”Thus, it is directed that the police shall continue its investigation and conclude the same expeditiously and take action against all persons who are culpable,” the court said.
The court also took on record the assurance given by the SHO of Kalkaji police station that the investigation shall be completed within four weeks and the charge sheet be filed.
The police said in the report that the jagran was being held continuously from 2009 onwards and this year, the permission was not granted by police as the organisers failed to produce NOC from the fire department and structure stability certificate from the municipal corporation.
The permission was sought to use the loudspeaker beyond 10 pm, it said adding that, however, sufficient police staff were deployed to maintain law and order situation inside Kalkaji Mandir.
The police said an elevated platform was installed near the main stage at a height of around 12 feet for seating of 20-25 persons from the families of the organisers/ VIPs and cameramen.
It said when the programme of singer B Praak started, some of the spectators rushed and climbed on the elevated platform and the organisers remained negligent in regulating the movement of people on the platform which collapsed.
”During the programme an uncontrolled crowd climbed on the platform which when collapsed led to the unfortunate incident. Moreover, the function was being held without any permission,” the police said.
The high court had earlier ordered that no ‘jagran’ or a similar event without its permission shall be held in the Kalkaji temple.
The court had also asked the administrator to take steps for the revival of the Shri Kalkaji Mandir Prabandhak Sudhar Committee, which can recruit volunteers for crowd management.
The court’s order came on a batch of pleas on the issue of civic amenities and cleanliness in and around the Kalkaji temple complex.
In 2021, Justice Singh appointed retired high court judge J R Midha as the administrator of the temple for performing various functions in relation to the religious place.
It had also directed removal of encroachments and unauthorised occupants and shopkeepers, who did not have any valid legal right to occupy the shops, and appointed Goonmeet Singh Chauhan, a renowned architect who has undertaken various projects of public importance, to submit a re-development plan for the temple and the surrounding complex.