The judicial inquiry into the April 30 Barghi Dam cruise tragedy that claimed 13 lives formally commenced on Tuesday. Retired High Court judge Justice Sanjay Dwivedi, heading the one-member commission, held the first hearing in Collectorates’ Room No. 43. The Nagrik Upbhokta Margdarshak Manch (Citizen Consumer Guidance Forum) placed several key legal and technical points before the commission.

Forum questions destruction of cruise before inquiry

Forum president Dr. P.G. Nazpande and advocate Vedprakash Adhaulia filed a petition arguing that there is no provision under the Indian Vessels Act, 2021 that allows the destruction of an accident-hit cruise before the completion of the inquiry process. The petitioners also alleged that the district administration had no legal authority to order such destruction.

The forum pointed out that by the time the judicial commission was constituted, the damaged vessel had already been dismantled, potentially destroying crucial physical evidence.

Commission takes note, seeks documents

Justice Dwivedi took the concerns seriously and stated that all statutory aspects raised by the consumer forum would be given prominence in the investigation. The commission assured the forum that it would be given full opportunity to present its case in subsequent hearings.

The commission has directed the petitioners to submit all relevant documents related to their claims and the sequence of events, so that a thorough investigation can be conducted.

Technical violations, NGT norms ignored

The petition also highlighted alleged technical and environmental irregularities in the cruise’s operation. According to the forum, the National Green Tribunal (NGT) had issued clear directives on September 12, 2023, mandating that only four-stroke engines be used in cruises operating in reservoirs. Despite this, the ill-fated cruise was fitted with a weak 100 HP engine, and its second engine reportedly failed completely during the accident.

The forum further claimed that the cruise operators did not possess valid environmental compliance certificates, which are mandatory under NGT rules for vessels operating in water bodies.

How to assess technical fitness now?

The biggest question that emerged during the hearing was: with the cruise completely destroyed, on what basis will its technical fitness be assessed? Citing paragraph 132 of the NGT order, the forum said that the fitness of any water vessel is the primary requirement for its operation. In the absence of the vessel, a physical and technical evaluation has become nearly impossible.

The judicial commission expressed concern over this aspect as well, stating that it would also investigate who ordered the destruction of the cruise and on what authority.

Next steps

The commission, which has three months to submit its report to the state government, clarified that no final decision will be taken without hearing all parties. The consumer forum has demanded that action be taken against both the cruise operators and district administration officials responsible for the alleged lapses.

The next hearing date is yet to be announced, but the commission has indicated it will move quickly given the gravity of the incident.