The Calcutta High Court has declined to commit a sitting judge to an inquiry into the deadly Chorebagan Durga Puja stampede, making it clear that the West Bengal government can appoint a retired High Court judge if no serving judge is made available.
The decision came while the Court was hearing a public interest litigation seeking an investigation into the circumstances surrounding the tragedy at the Chorebagan Sarbojonin Durga Puja pandal on October 17, 2026, in which 19 people, including a seven-year-old child, lost their lives.
A Bench comprising Chief Justice Ravindra Vithalrao Ghuge and Justice Shabbar Rashidi clarified that the decision to release a serving judge for the proposed inquiry rests with the Chief Justice in his administrative capacity.
If no sitting judge is spared, the State government can constitute a commission under the Commissions of Inquiry Act, 1952, and appoint a retired judge of the High Court in accordance with the law.
The Bench also drew a clear boundary around the Court’s role, stating that it would not supervise the commission’s investigation. The responsibility for considering the findings and acting on the eventual report would lie with the State government.
Court cites shortage of serving judges
The State had approached the Chief Justice through a letter from Chief Secretary Manoj Agarwal, requesting that a serving judge be made available to head the proposed commission.
However, the Bench took note of the High Court’s existing judicial strength before deciding against issuing any direction to spare a sitting judge.
Although the sanctioned strength of the Court is 72 judges, only 50 were in position at the time. The Bench further noted that Justice Shampa Dutt (Paul) was due to retire on October 27, while Justice Apurba Sinha Ray was scheduled to retire on November 25. Their departures would bring the working strength down to 48.
Against this backdrop, the Court left the question of appointing a serving judge to the Chief Justice’s discretion and allowed the State to consider a retired judge instead.
What the proposed inquiry will examine
The State’s communication to the Chief Justice outlined several issues for the commission to investigate. These include the factors that contributed to the stampede, the sequence of events leading to the deaths and the adequacy of arrangements for crowd control and disaster management.
The proposed inquiry is also expected to examine CCTV footage, call records, police station records and control room logs to reconstruct what happened and assess the response of the authorities.
During the hearing, senior advocate Kalyan Bandopadhyay, appearing for the petitioner Tapas Kumar Dey, raised concerns about the arrangements at Durga Puja pandals.
He argued that narrow access routes, elaborate decorative installations, elevated platforms, poor ventilation and inadequate lighting could have contributed to dangerous crowd conditions at the Chorebagan venue. He also alleged that a shortage of police and management personnel aggravated the situation.
Bandopadhyay further contended that changes in the composition of Durga Puja committees had placed inexperienced people in positions of responsibility. A sudden spell of rain, he submitted, added to the difficulties and heightened the panic among visitors.
Representing the State, Additional Advocate General Billwadal Bhattacharyya told the Court that the government had already approached the Chief Justice with a request to appoint a judge to investigate the incident. On that basis, he argued that the petition did not require extensive examination at that stage.
PIL remains pending
While declining to monitor the inquiry or direct the appointment of a serving judge, the High Court has not disposed of the public interest litigation.
The matter will remain pending, allowing the parties to approach the Court again if circumstances warrant further consideration.
The ruling leaves the West Bengal government to move ahead with the proposed commission, while making clear that the inquiry’s findings and subsequent action will remain the State’s responsibility.