The Madhya Pradesh High Court stepped in decisively in the wake of a serious drinking water contamination crisis in Indore’s Bhagirathpura area, calling it a direct threat to the constitutional right to life. Hearing a batch of writ petitions, the court ordered a judicial inquiry led by a former High Court judge after expressing dissatisfaction with the State’s explanation on deaths linked to the outbreak.
Background of the Case
The petitions filed as public interest litigations and individual pleas-arose from reports of contaminated drinking water in Bhagirathpura (Ward No. 11) and nearby localities. Residents alleged that sewage leakage, damaged pipelines, and poor maintenance by civic authorities led to the spread of water-borne diseases.
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Several deaths were reported, with petitioners claiming the toll had reached around 30. The State government, however, submitted a “death audit” acknowledging 23 deaths, of which only 16 were linked to water contamination.
Earlier this month, the High Court had already passed sweeping interim directions, reminding authorities that “right to life includes the right to clean drinking water,” and treating the situation as a public health emergency under Article 21 of the Constitution.
Court’s Observations
The bench, comprising Justice Vijay Kumar Shukla and Justice Alok Awasthi, closely examined the compliance reports filed by the State and the Indore Municipal Corporation. While officials claimed that safe water supply, medical camps, and testing were underway, the court was unconvinced.
Petitioners pointed to ground reports and newspaper coverage suggesting that clean water was still not reaching affected residents. They also questioned the credibility of the State’s death audit.
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In a pointed exchange, the court asked the government to explain the basis of its findings. The judges noted that the report relied on “verbal autopsy,” a term the State’s counsel failed to clearly explain or support with records.
“The material placed before us does not inspire confidence,” the bench observed, noting that reasons given for deaths classified as “inconclusive” appeared identical to those marked as confirmed epidemic-related fatalities.
Decision: Independent Judicial Inquiry Ordered
Considering the gravity of the situation and the conflicting claims, the High Court held that an independent and credible investigation was necessary.
Accordingly, the court appointed Justice Sushil Kumar Gupta, former judge of the Madhya Pradesh High Court, as a one-member Commission of Inquiry.
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The commission has been tasked with examining:
- Whether the water supplied to Bhagirathpura was contaminated and how,
- The actual number of deaths and nature of diseases reported,
- Adequacy of medical response,
- Immediate and long-term measures for safe drinking water,
- Accountability of officials found prima facie responsible,
- Guidelines for compensation to affected residents, especially vulnerable groups
The commission has been given powers of a civil court, including summoning officials, calling records, ordering water tests, and conducting site inspections. All State and local authorities have been directed to fully cooperate.
The judges further ordered daily water quality testing and regular medical camps, in addition to earlier emergency measures. An interim report is to be submitted within four weeks, and the matter will be listed again on March 5, 2026.
Case Title: Prabhat Pandey vs State of Madhya Pradesh and Others
