Ahmedabad: The Gujarat High Court on Monday expressed its lack of confidence in the state machinery, stating it only takes action after innocent lives are lost. The court criticised the Rajkot civic body for alleged lapses in the functioning of the game zone facility where a massive fire killed 27 people.
A special bench of Justices Biren Vaishnav and Devan Desai questioned if the civic body had ignored fire safety orders passed on a PIL for 18 months. The HC was hearing a suo motu PIL regarding the TRP game zone fire tragedy that occurred on May 25, describing the incident as a prima facie “man-made disaster.”
The bench inquired if the civic body was oblivious to such a large structure in its vicinity after learning that the TRP Game Zone had not sought the required permissions.
The bench noted that all commissioners of the Rajkot municipal corporation from the establishment of the TRP game zone in 2021 until the incident should be held accountable and directed them to submit separate affidavits.
On Monday, a counsel pointed out that the state government needs to take drastic steps to hold someone accountable.
“Who will take such drastic steps? Honestly speaking, we do not have faith in the state machinery now. Four years after orders of this court, this is the sixth incident that has happened. They only want lives to be lost and then trigger the machinery,” the bench remarked.
The HC questioned the RMC counsel’s statement that the game zone had not applied for requisite permissions, asking if the civic body was blind to the structure’s existence.
“You were blind to that...this big structure existed, you were not aware of it? What is the corporation’s explanation that the whole zone existed for the last two-and-a-half years? What fire safety did they apply for? When ticketing was done, were you aware of the entertainment tax? So we take it that you are completely turning a blind eye to the whole issue?” the bench asked.
The HC also inquired when the corporation first recognized the existence of the game zone and why they were unaware of court orders regarding fire safety.
The court noted that the game zone, which was set up in 2021, continued operating without a fire NOC or other permissions until May 5, 2024. The corporation only asked the owners to furnish a fire NOC on May 9, 2024. The question is “inaction of the authorities in even inspecting the site in light of the regulations,” the court stated, questioning why the civic body didn’t inquire about the legality of the structures for three years since June 2021.
“On the date when the incident occurred, the game zone did not have NOCs or a structural stability certificate, and it was merrily going on in front of the corporation,” the bench stated.
The HC highlighted that the TRP Game Zone was a fabricated steel frame structure without a fire NOC and a structural stability certificate, which was only asked for regularisation purposes.
“The facts itself are eloquent, therefore, to indicate that the game zone at Rajkot was conceptualised, set up, and continued to operate under the very nose of the corporation’s officials without the requisite permissions,” it observed in its order.
The bench refrained from passing orders to suspend the officers involved, hoping to give them a chance instead.
The court noted that the police department also had “a lot to answer for” allowing the game zone to operate near a local police station without fire NOC permission and directed the Rajkot Police Commissioner to file an affidavit.
The bench criticised AMC, SMC, and VMC for their “typical knee-jerk reaction” after the Rajkot incident, inspecting such entertainment zones only after the death of innocent people.
The HC questioned whether the SIT formed by the state would “sufficiently assuage the sentiments of the families who have repeatedly lost their kith and kin in these tragedies which have obviously been man-made.”