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The bench, also comprising Justices Joymalya Bagchi and V Mohana, was hearing appeals by the DC and the SP challenging the June 24 HC order. (File Photo)
The Supreme Court on Monday stayed the Himachal Pradesh High Court’s direction to register an FIR and constitute an SIT to probe alleged connivance of Kullu’s Deputy Commissioner (DC) and Superintendent of Police (SP) in allowing rave parties in the Parvati Valley.
A three-judges bench presided by Chief Justice of India Surya Kant, however, refused to interfere with the HC’s direction to transfer them.
The bench, also comprising Justices Joymalya Bagchi and V Mohana, was hearing appeals by the DC and the SP challenging the June 24 HC order.
Appearing for the officials, Senior Advocate Madhavi Divan told the top court that the HC had passed the order without allowing the officers to respond to the report by District Legal Services Authority (DLSA), Kullu. She said that the events were not rave parties, but “rock concerts”.
Justice Bagchi, however, said, “That’s a euphemism. Concerts are the cover-up.”
The DLSA report had pointed out that the organisers had secured permission for the event on June 6, despite an adverse report submitted a day earlier by the DSP warning that the isolated venue was highly vulnerable to drug trafficking and consumption and other unlawful activities. It had said that the local police lacked adequate manpower to effectively monitor the event expected to attract over 3,000 participants.
On June 24, calling the nod “a classic case of abject surrender” by the district administration, the HC had directed the state government to transfer the DC, SP and Sub-Divisional Magistrate (SDM) of Kullu within one week, holding that they had failed to maintain public order and had allegedly facilitated the organisation of large-scale rave parties in the Valley. It also asked the state government to initiate departmental proceedings against the three officers. The HC order said that despite an adverse report submitted by the Deputy SP (Headquarters), the SDM granted permission to the party organisers on June 6.
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The division bench of the HC had passed the order while hearing a clutch of PILs, including one filed by the Himalayan Environment Protection Society, alleging that rave parties were being organised under the guise of tourism at Kasol, Jibhi, Manali and other tourist destinations. They had alleged that narcotic substances were openly consumed and sold under political patronage and administrative protection, adding that entry tickets to such parties range from Rs 5,000 to Rs 7 lakh. Hearing the matter, the HC had earlier sought details from the state government regarding FIRs, arrests, organisers and action taken against such events.
The proceedings arose after media reports highlighted that thousands of revellers had gathered between June 7 and June 11 at Green Forest-I and Green Forest-II near Kasol. The court, thereafter, sought reports from the DC, SP and the secretary, DLSA, Kullu.
At the SC on Monday, the counsel for the officials contended that the HC order would give a bad name to the state. Justice Bagchi said it was the administration’s choice to ignore the DSP’s report which “gave it a bad name”.
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