The Karnataka High Court on Monday, June 9 observed that it was premature to conclude that a tweet by IPL team Royal Challengers Bengaluru (RCB) triggered the deadly stampede outside Chinnaswamy Stadium on June 4, which left 11 dead and 56 injured.
Justice SR Krishna Kumar made these observations during a hearing on petitions filed by RCB and event manager DNA Entertainment to quash the criminal case filed against them in connection with the incident. The Court urged the State to refrain from arresting any more officials from RCB or DNA until the matter is heard again on June 12.
The State, represented by Advocate General Shashi Kiran Shetty, argued that RCB had “recklessly” put out three social media posts inviting the public to attend the victory celebration event at the stadium without necessary permissions. While the stadium’s capacity is around 33,000, nearly 5 lakh people are reported to have gathered outside.
According to Bar and Bench, Shetty argued that the tweets had been viewed by 13 crore users and cited them as the trigger for the chaos. He opposed any relief from arrest for RCB or DNA officials.
“Your lordships are ignoring facts, the three tweets. Allegation is that they (RCB) tweeted and because of it the public came and stampede happened!" the AG said.
Justice Krishna Kumar, however, remarked that while the tweets could be one of the factors, it was too early to assign primary responsibility.
The Court has already granted interim protection from arrest to officials of the Karnataka State Cricket Association (KSCA), who are also named in the FIR. The judge questioned why similar relief should not be extended to RCB and DNA.
The AG argued that the allegations against RCB and DNA were on a different footing from those against KSCA.
Senior Advocate CV Nagesh, appearing for RCB, submitted that it was the Chief Minister who had invited the public, not RCB.
“I have not invited anybody, it was the Hon’ble Chief Minister who invited everybody,” Nagesh said.
This statement was strongly objected to by AG Shetty, who said: “Incorrect statement! Serious objection, they have to withdraw it, because it is their tweet.”
Justice Kumar directed the State to honour a “gentleman’s agreement” to avoid fresh arrests until the next hearing.
"We will hear it (on June 12). But till then, don't do anything. When I am seized of the matter, for interim relief ... We are telling you (State), instruct them not to arrest anyone not arrest. They are already before the Court. If you can ... They've made submission, that Court has already granted relief to KSCA. Second (thing they are arguing is), there is no prima facie case. You reply day after, I will not pass order, but till then (don't arrest). Otherwise, there will be one more (case)," Justice Kumar said.
AG responded, “Once lordship asks, there is no question of saying no.”
Arrest of RCB Marketing Head challenged
The Court will also hear on June 10 a petition challenging the arrest of RCB’s Head of Marketing, Nikhil Sosale, who was taken into custody by the Central Crime Branch (CCB) at the Bengaluru airport in the early hours of June 6.
Sosale’s counsel, Senior Advocate Sandesh Chouta, alleged that the arrest was politically motivated and unlawful, as the investigation had already been transferred to the Crime Investigation Department (CID). Chouta argued that Sosale was arrested before a preliminary inquiry was conducted, and without proper documentation or legal procedure.
The Court said it would hear the State’s response before deciding on interim relief for Sosale.
Suo motu case also listed
The High Court had also initiated a suo motu case into the stampede last week and directed the State to file a status report. This case, too, is scheduled for hearing on June 10.