In a recent verdict, the Supreme Court has dismissed an FIR against a Belgian citizen in connection with the unfortunate demise of 13 trekkers during a forest fire near the Kerala-Tamil Nadu border in 2018.
The trek, orchestrated through a website managed by Belgian national Peter Van Geit, led to legal entanglements as the appellant faced accusations under Sections 304 A (Death by negligence) and 338 (Grievous hurt by act endangering life or personal safety of others) of the IPC.
Initially appealing to the Madras High Court, it was observed that the trekking group had deviated from the authorized path, violating permissions from Forest officials. The High Court refused to quash the FIR, asserting that the appellant, as the organizer, held a responsibility to ensure adherence to the approved route.
Disagreeing with the High Court’s stance, a Division bench of Justices BV Nagarathna and Augustine George Masih argued that the tragic deaths resulted from an act of nature, absolving the appellant of any negligence. The Court emphasized that the organizers, including the appellant, were unaware of the impending forest fire, categorizing the incident as an unfortunate accident without criminal intent.
“Inadvertently caught in the forest fire, the trekkers met their demise purely due to an accident, with no negligence or criminal intent attributable to the appellant. The appellant played no role in causing the deaths, which resulted from a natural forest fire,” the Court stated.
Drawing upon the precedent of State of Haryana v. Bhajan Lal, the Supreme Court quashed the proceedings against Peter Van Geit, emphasizing the lack of culpability on his part in the tragic episode.
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