The Madhya Pradesh High Court, Indore, has appointed a one-man Commission of Inquiry headed by Retired Justice Sushil Kumar Gupta, to probe the alleged drinking water contamination tragedy in Bhagirathpura, Indore, which is claimed to have resulted in multiple deaths and serious health hazards in the locality. At the outset, the Court noted that the right to life under Article 21 of the Constitution includes the right to access clean and safe drinking water.
A Division Bench comprising Justice Vijay Kumar Shukla and Justice Alok Awasthi was hearing a batch of writ petitions and public interest litigations alleging large-scale contamination of drinking water in Ward No.11 of Indore Municipal Corporation, resulting in serious health hazards and multiple deaths. The petitions accused civic authorities of negligence, mismanagement and failure to maintain potable water standards.
Earlier, on 6 January 2026, the Court had passed a detailed interim order issuing emergency directions to the State Government and Indore Municipal Corporation.
Read- https://thebarbulletin.com/indore-water-contamination-public-health-emergency-mp-hc/
In purported compliance with the interim direction, the State Government and Indore Municipal Corporation submitted reports claiming that interim directions were being strictly followed and a High-Level Committee had been constituted to inquire into the cause of contamination and to fix responsibility. These claims, however, were sharply disputed by the petitioners.
Counsel appearing for the petitioners submitted that on-ground conditions remained grim, with an inadequate supply of safe drinking water and deficient medical facilities. It was alleged that the High-Level Committee was a mere eyewash intended to shield erring officials, and unless an independent inquiry was ordered, vital records could be destroyed or tampered with. The petitioners also relied on media reports and residents’ representations to assert that the actual death toll was around 30, significantly higher than what was officially acknowledged.
The State relied on a death audit claiming only 16 of 23 deaths were linked to water contamination, but the Court found serious flaws, noting the State could not explain “verbal autopsy,” produced no records, and gave identical reasons for both conclusive and inconclusive deaths.
Appointment of the Commission
Noting the unexplained discrepancy in the number of deaths, the gravity of the allegations, the potential scale of loss of life, and the serious impact on public health, the Court held that the matter required an independent and credible fact-finding exercise.
Accordingly, the High Court appointed Justice Sushil Kumar Gupta (Retd.) as a one-man Commission of Inquiry to investigate all issues relating to water contamination in Bhagirathpura and its impact on other areas of Indore city.
The Commission has been directed to inquire into and report on:
• Whether the drinking water supplied to Bhagirathpura was contaminated;
• The source and nature of contamination, including sewage ingress, industrial discharge or pipeline damage;
• The actual number of deaths attributable to contaminated water;
• The nature of diseases reported among affected residents;
• The adequacy of medical response and preventive measures taken;
• Immediate steps required to ensure safe drinking water supply;
• Long-term infrastructural and water quality monitoring reforms;
• Identification of officers and officials prima facie responsible for the incident; and
• Suggestion for guidelines for compensation to affected residents, particularly vulnerable sections.
Powers of the Commission
The Commission has been vested with powers of the Civil Court, including authority 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, IMC, Public Health Engineering Department and MP Pollution Control Board, have been directed to extend full cooperation. The State Government has been instructed to provide office space, staff and logistical support.
The Commission is required to submit an interim report within four weeks from the commencement of proceedings. Meanwhile, the Court has directed that daily water quality testing and regular medical camps must continue along with the earlier interim directions. The matter has been listed for further hearing on March 5, 2026.
Appearances
Shri.Ajay Bagadia – Sr. Advocate with Ms.Saily Purandare for the petitioner in WP No.247/2026, Shri Aditya Pratap Singh – Advocate for the petitioner in WP No.50628/2025, Shri.Manish Yadav – Advocate for petitioner in WP No.50641/2025, Shri M.S Chandel, learned counsel for the petitioner in WP No.50646/2025, Shri Ritesh Inani, learned counsel for the petitioner in WP No.469/2026.
Shri Peyush Jain, learned counsel for the respondent no.3 in WP No.247/2026. Shri Rishi Tiwari, learned counsel for the respondent/IMC. Shri Kapil Duggal, learned counsel through VC alongwith Shri Tanishq Patel, learned counsel for the respondent no.2.
Shri Anil Ojha, learned counsel for the petitioner in WP No.50628/2025. Shri Neeraj Kumar Soni, Shri Vibhor Khandelwal and Shri Rishi Anand Choukse, learned counsel for the intervenor in WP No.50628/2025. Shri Rahul Sethi and Shri Ashish Yadav, learned AAG with Shri Sudeep Bhargava, learned Dy.AG, Shri Shrey Raj Saxena, learned Dy. AG and Kushagra Singh, learned Dy. AG with Shri Aditya Garg, learned G.A for the respondent/State.
