Indore water contamination: MP HC sets up probe panel, calls for urgent judicial scrutiny

Indore (PTI): The Indore bench of the Madhya Pradesh High Court has set up a commission comprising a former High Court judge to probe water contamination in the city’s Bhagirathpura area, saying the matter requires investigation by an independent, credible authority and “urgent judicial scrutiny”. It also directed the panel to submit an interim report within four weeks from the commencement of proceedings.

A division bench of Justices Vijay Kumar Shukla and Alok Awasthi constituted the commission on Tuesday while hearing multiple public interest litigations (PILs) filed over the deaths of several people in Bhagirathpura allegedly due to the consumption of contaminated water. The High Court reserved its order after hearing all parties during the day and released it late at night.

The state government told the court that the deaths of 16 persons in Bhagirathpura were possibly linked to a month-long outbreak of vomiting and diarrhoea caused by contaminated drinking water. It submitted an audit report of 23 deaths during the current gastroenteritis outbreak, suggesting that 16 of these fatalities may be linked to the contaminated water.

The report, prepared by a committee of five experts from the Government Mahatma Gandhi Memorial Medical College in Indore, stated that four deaths were unrelated to the outbreak, while no conclusion could be drawn regarding the cause of death of three others.

During the hearing, the High Court sought to know the scientific basis of the report and expressed surprise at the state government’s use of the term “verbal autopsy”, remarking that it had heard the expression for the first time.

The court described the situation in Bhagirathpura as “alarming” and noted that cases of illness due to contaminated drinking water had also been reported from Mhow, near Indore.

In its order, the High Court said the serious issue of contamination of the drinking water supply in Bhagirathpura had allegedly resulted in widespread health hazards, particularly affecting children and elderly residents. It noted that while petitioners and media reports put the death toll at around 30, the government report mentioned only 16 deaths without adequate basis or records.

The court observed that sewage mixing, pipeline leakage and failure of civic authorities to maintain potable water standards were alleged to have led to the outbreak of water-borne diseases. Photographs, medical reports and complaints submitted to authorities prima facie indicated a matter requiring urgent judicial scrutiny, it said.

“Considering the gravity of the allegations, the impact on the right to life under Article 21 of the Constitution, and the need for an independent fact-finding exercise, the court is of the opinion that the matter requires investigation by an independent, credible authority,” the bench said.

Accordingly, it appointed Justice Sushil Kumar Gupta, former judge of the Madhya Pradesh High Court, as a one-member commission of inquiry into the water contamination in Bhagirathpura and its impact on other areas of Indore.

As per the order, the commission will inquire into whether the drinking water supplied to Bhagirathpura was contaminated, the source and nature of the contamination — including sewage ingress, industrial discharge or pipeline damage — and the actual number of deaths attributable to contaminated water.

It will also examine the nature of diseases reported, the adequacy of medical response and preventive measures, and suggest immediate steps to ensure safe drinking water, along with long-term infrastructural and monitoring reforms.

The commission has been tasked with identifying officers and officials found prima facie responsible for the incident and suggesting guidelines for compensation to affected residents, particularly vulnerable sections.

The panel will have the powers of a civil court to summon officials and witnesses, call for records from government departments, hospitals, laboratories and civic bodies, order water quality testing through accredited laboratories, and conduct spot inspections.

All state authorities, including the district administration, Indore Municipal Corporation, Public Health Engineering Department and Madhya Pradesh Pollution Control Board, have been directed to extend full cooperation and provide records sought by the commission. The state government has also been asked to provide office space, staff and logistical support.

During the hearing, the state government submitted a status report to the court.

According to official figures, 454 patients were admitted to local hospitals during the vomiting and diarrhoea outbreak, of whom 441 have been discharged after treatment, while 11 remain hospitalised.

Officials said sewage from a toilet mixed with drinking water due to a leak in the municipal pipeline in the Bhagirathpura area.