Terming
the Morbi bridge collapse an "enormous tragedy", the Supreme
Court on Monday asked the Gujarat High Court to take up the suo motu
matter on a periodical basis to ensure various aspects of the investigation,
which include fixing accountability and adequate compensation for the victims
are duly addressed.
A bench headed by Chief Justice D.Y. Chandrachud and
comprising Justice Hima Kohli noted that the high court is monitoring various aspects
of the matter almost on a weekly basis and several aspects would require
obtaining periodical responses from the officials of the state government and
the Nagar Palika.
The bench further added that the high court would
undoubtedly be seized of ensuring a regulatory mechanism so that such incidents
do not reoccur, and it would be appropriate if the division bench of the high
court continues the conduct of the proceedings.
Senior advocate Gopal Sankaranarayan representing a
petitioner who lost his brother and sister-in-law in the incident, raised some
issues in the matter.
He submitted that there should be an independent
investigation into the matter; there is need to fix responsibility against
officials of the Nagar Palika; also, need to ensure that the agency which was
maintaining the bridge and its management are held accountable; and award of
reasonable compensation to the heirs of those who lost their lives in the
tragedy.
The apex court said the high court should consider
these aspects raised by the petitioner.
At least 141 people died in the Morbi bridge collapse
tragedy which occurred on October 30.
Advocate Vishal Tiwari, who filed a PIL seeking the
constitution of a judicial commission to investigate the Morbi bridge collapse
in Gujarat, requested the bench to appoint a commission in the matter.
The Chief Justice replied that the commission will put
the matter on a back burner and let the judges take charge of the matter.
Concluding the hearing, the bench said since the
division bench of the high court has already entertained suo motu proceedings,
"we are of the view that the future conduct of the proceedings remain with
that division bench of the high court".
The top court granted liberty to the petitioners to
move the high court to raise their issues.
On November 1, the Supreme Court had agreed to
hear a plea seeking the constitution of a judicial commission to investigate
the incident.
The plea was mentioned by Tiwari before a bench headed
by then Chief Justice of India U.U Lalit.
Tiwari contended before the top court that he is
seeking a judicial enquiry commission and pointed out that there are several
old structures in many states.
His plea said the incident shows the negligence and
utter failure of government authorities.
It further added that in the past decade various
incidents have taken place in the country due to the mismanagement, lapse in
duty, and negligent maintenance activities.
The suspension bridge over the Machchhu River
collapsed after it was reopened following repairs and maintenance by a private
operator.
The plea contended that at the time of collapse, the
bridge had several hundred people on it which was over the permissible limit
and no fitness certificate was taken by the private operator before reopening
the bridge.