The Supreme Courtroom on Monday permitted the victims of Morbi bridge collapse to strategy the highest courtroom once more with a recent petition searching for reinvestigation. The collapse of Jhulto Pul in Morbi in October 2022 had claimed 135 lives.
The SC made the statement whereas disposing of two particular depart petitions, filed by the victims below Article 136, in opposition to an enchantment of a Gujarat Excessive Courtroom order the place the HC had refused to quash the chargesheet within the case and likewise refused to order for a recent investigation.
The apex courtroom allowed the victims to file a recent petition below Article 32 (ensures the best to maneuver the Supreme Courtroom to implement basic rights) as a substitute of Article 136 (offers the SC the ability to grant particular depart to enchantment from any judgment or order handed by any courtroom or tribunal).On October 17, 2024, a division bench of the Gujarat HC comprising Chief Justice Sunita Agarwal and Justice Pranav Trivedi, had dismissed an utility by a sufferer of Morbi bridge collapse, searching for quashing of the chargesheet and investigation thus far and direct for a recent probe by one other company, ideally CBI.
The victims have highlighted that the current investigation has not held the district collector liable for the lapses — on his half — that led to the bridge collapse.
The appliance was filed in a 2022 PIL the Gujarat HC had instituted suo motu subsequent to the bridge collapse.
Whereas dismissing the appliance, the HC had recorded that the PIL is “involved with the rehabilitation of the victims and orders have been handed on this path”. The HC had additional acknowledged, “This courtroom within the current PIL can’t enter into the correctness of the investigation and the prayer for quashing of the chargesheet, that are wholly misconceived prayers, can’t be granted.”
Two particular depart petitions have been filed below Article 136 by Dilipbhai Chavda, who misplaced his brother and sister-in-law within the collapse, and one other by an affiliation representing the victims — Tragedy Sufferer Affiliation — interesting in opposition to the Gujarat HC’s dismissal order.
Granting the victims a wider scope to canvas their grievance and request for a recent investigation, the place the “observations made and the reasoning given within the impugned judgment (of the Gujarat HC) is not going to have any bearing and, due to this fact, the stated proceedings should be determined independently on their very own deserves,” the courtroom stated.
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