TN forest fire deaths case: SC junks FIR, proceedings against Belgian
New Delhi, Feb 3 (PTI) The Supreme Court has quashed the FIR and legal proceedings initiated against a Belgian national over the death of 13 people in a forest fire during a trekking expedition to Kurangani hills in Tamil Nadu in March 2018.
The apex court noted that appellant Peter Van Geit, being the head of an NGO, was in-charge of facilitating those interested in trekking and had no role whatsoever in causing the deaths that occurred due to a forest fire.
A bench of Justices B V Nagarathna and A G Masih passed the order while hearing Geit's appeal against the August 20, 2022 verdict of the Madurai bench of the Madras High Court which had refused to quash the FIR and proceedings against him.
The bench, after perusing the FIR and the charge sheet, noted the charges against him were under sections 304-A and 338 of the Indian Penal Code (IPC).
Section 304-A of the IPC deals with causing death by negligence and Section 338 is related to causing grievous hurt by an act endangering life or personal safety of others.
"We fail to understand as to how these sections could have been invoked against the appellant (Geit) herein inasmuch as admittedly the persons who were part of the trekking expedition died owing to a forest fire which is an instance of vis major (a Latin phrase meaning superior force or act of God)," the apex court said. "No negligence could have been attributed to the appellant herein who only facilitated the organisation of the trekking expedition," the bench said in its order passed on January 23.
The bench said the organisers, the appellant and even the members of the trekking expedition were totally unaware of the blaze.
"Accidentally, they were engulfed in the forest fire and they died by sheer accident and not owing to any negligence or any criminal intent attributable to the appellant herein. The appellant herein had no role whatsoever in causing the death of the trekkers who died due to a forest fire which is a natural cause," it said.
The bench said the invocation of sections 304-A and 338 of the IPC against the appellant was wholly unwarranted and the high court ought to have quashed the FIR, charge sheet as well as the proceedings.
"In the circumstances, the order dated August 30, 2022 passed by the high court is set aside," the top court said, while quashing the FIR and the proceedings initiated against Geit.
The bench noted the high court had dismissed his plea, and considering the fact that he was a Belgian citizen and has been running a non-profit organisation, his personal appearance in the trial court was dispensed with.
It noted an FIR was lodged on March 12, 2018 following the death of 13 people in the fire incident that occurred a day before.
"The incident of fire that happened on March 11, 2018 had resulted in the loss of 13 lives and others being injured owing to the said persons who were part of the trekking expedition being trapped by the forest fire and being unable to escape from the forest fire which had engulfed the trekkers all around," the bench noted in its order.
The appellant's counsel had told the apex court that his role was limited to facilitating the trekking expedition through a tour agency. He had contended that there was no negligence on the appellant's part. PTI
