Bengaluru Stampede: Karnataka Govt Faces Blow as CAT Reverses IPS Officer’s Suspension

The Central Administrative Tribunal (CAT), Bengaluru, has set aside the Karnataka government's order suspending senior IPS officer Vikash Kumar Vikash, who was found guilty of causing the June 4 stampede at the M Chinnaswamy Stadium that killed 11 fans.

The stampede happened during the celebrations of Royal Challengers Bengaluru's IPL victory.

Vikash, an Inspector General of Police, had filed a challenge to the June 5 suspension order. The same order had also suspended Bengaluru Police Commissioner B Dayananda—an officer in line for promotion to Director General—and Deputy Commissioner of Police Shekar H Tekkannavar.

On Tuesday, the CAT bench, comprising Justice B K Shrivastava and member Santhosh Mehra, gave its verdict, reserving judgment on June 24. The tribunal disposed of Vikash Kumar's case in his favour, holding the suspension "mechanical" and devoid of "convincing material for showing the default or negligence of the concerned police officers.

The order also pointed out that the RCB franchise had conducted the celebration without obtaining formal police clearance. "The police officers have been suspended without any appropriate material or reasons. The aforesaid order is therefore liable to be quashed," the tribunal ordered.

The bench also reiterated a long-standing legal principle: when a citizen prevails in court against an action by the government, others in the same position should also gain advantage from the decision without being compelled to file independent legal actions. “We also feel our duty to draw attention of the state government towards the settled principle of law that where a citizen aggrieved by an action of government department has approached the court and obtained a declaration of law in his/her favour, other similarly situated ought to be extended the benefit without the need for them to come to court,” the order noted.

"CAT has granted the petition and revoked the order of suspension against Vikash Kumar. The tribunal has stated that he is entitled to all the benefits necessary," said Vikash's lawyer, Dhyan Chinappa.

The tribunal also noted that the decision of Vikash Kumar's case could be kept in mind while deciding on the suspension of the other two IPS officials as well, which may lead to their reinstatement.

The initial government directive on June 5 had accused the lapses in communication and inability to attend in writing the denial of permission for the event. Although RCB's CEO had notified Commissioner Dayananda on June 3 of the proposed celebrations, the police formally did not deny the application because they lacked sufficient time to make proper arrangements, as explained by the state.

That order had indicted the suspended IPS officers of "gross violation" of the All India Services (Conduct) Rules, whereas the ACP and PI were charged under the Karnataka State Police (Disciplinary Proceedings) Rules, 1965.

The suspension of the officers had created a lot of agitation among the police force, especially given that the planning for the celebratory events involved the state government itself.

Chief Minister Siddaramaiah subsequently explained that he had heard of only a single casualty then. had the senior officers provided us with the proper information earlier, the stadium programme would have been axed," he stated at a meeting of the top police brass on June 27. He was talking about the two events organized on June 4—both one at the Vidhana Soudha at 4 p.m. and the other at the stadium at 5 p.m.—to celebrate the RCB team.