While dealing with a lawyer’s plea pertaining to the recent water crisis in Indore, the Indore Bench of the Madhya Pradesh High Court in Prabhat Pandey Vs The State of Madhya Pradesh and others in WP No. 247 of 2026 WP/50628/2025, WP/50641/2025, WP/50646/2025, WP/496/2026 that was pronounced as recently as on January 27, 2026 has while citing lack of evidence constituted a one-man Judicial Commission headed by Retired Hon’ble Mr Justice Sushil Kumar Gupta to inquire indepth into the core issues that pertained to the water contamination in Bhagirathpura in Indore and its impact on other areas of the city where several deaths have been reported and linked to contaminated water supply.
It must be noted that the Indore Bench of the Madhya Pradesh High Court at Jabalpur has questioned the State’s inadequate death audit report on the Bhagirathpura water contamination incident which linked 16 of 23 deaths to it. We need to note that a Division Bench comprising of Hon’ble Mr Justice Vijay Kumar Shukla and Hon’ble Mr Justice Alok Awasthi who authored this most commendable judgment took serious note of the damning allegations that sewage mixing, leakage in the pipeline and failure of civic authorities to maintain portable water standards have led to the outbreak of water-borne diseases.
What must also be noted is that this pragmatic judgment was delivered on a batch of writ petitions that related to the water contamination in Bhagirathpura (Ward No. 11 of Indore Municipal Corporation) and other areas. The Indore Division Bench of Madhya Pradesh High Court reserved the order after hearing all the parties during the day and released it late at night. The Court directed that all the State authorities including district administration, Indore Municipal Corporation, Public Health Engineering department and Madhya Pradesh Pollution Control Board shall extend full cooperation and provide records to the Commission.
It merits just no reiteration that the Madhya Pradesh High Court Indore Bench has delivered a scathing indictment of the slipshod manner in which the State Government has conducted the investigation into the deaths of at least 23 people in Indore in December 2025 and has called its official death audit as vague and an eyewash. The Court also directed that water quality be tested daily and medical camps be held in the affected localities. The Court further also directed that all the State authorities including district administration, Indore Municipal Corporation, Public Health Engineering department and Madhya Pradesh Pollution Control Board shall extend full cooperation and provide records to the Commission.
In addition, the State Government was also instructed to provide office space, staff and logistical support to the Commission. The Court had earlier also directed the State to ensure the immediate supply of safe drinking water through tankers or packaged water at government cost to the affected areas. It had also ordered replacement and repair of pipelines especially where sewer lines and water lines run parallel. We need to note that the Court while listing the matter for hearing on March 5, 2026 ordered clearly that:
The Commission shall submit an interim report after four weeks from the date of commencement of proceedings.
At the very outset, this brief, brilliant, bold and balanced judgment authored by Hon’ble Mr Justice Vijay Kumar Shukla and Hon’ble Mr Justice Alok Awasthi of Indore Bench of the Madhya Pradesh High Court at Jabalpur sets the ball in motion by first and foremost putting forth that:
All these writ petitions by way of Public Interest Litigation or individual capacity relate to the water contamination tragedy of Bhagirathpura (Ward No.11 of Indore Municipal Corporation) and also to the other areas of Indore town, raising various grievances of negligence, mismanagement, corrupt and lackadaisical attitude of the administration, resulting in casualties.
Be it noted, the Division Bench then notes in the next para that:
After hearing all the parties and considering that Right to life includes Right to clean drinking water and finding that all petitions fell within the ambit of public health emergency which is enshrined under Article 21 of the Constitution of India, we categorise the issues in following headings in Para 7 and passed interim directions in Para 8 which are quoted as under:-
- Immediate and Emergency Directions in respect of the affected persons of the said area.
- Preventive and Corrective Measures.
- Inquiry and Accountability Orders.
- Disciplinary and Penal Action.
- Compensation of Victims.
- Directions to Local Bodies.
- Public Awareness and Transparency.
8. Immediate and Emergency Directions
For immediate and emergency directions, we direct that the respondents shall ensure:
- Immediate supply of safe drinking water through tankers and packaged water at government cost to the affected areas.
- Stopping the use of contaminated sources, including specific pipelines, overhead tanks, bore wells, and rivers.
- Holding health camps and medical screening for affected residents.
- Providing free treatment in government and empanelled private hospitals.
- Conducting water quality testing at multiple points by NABL accredited laboratories.
- Replacement and repair of pipelines, especially where sewer lines and water lines run parallel.
- Installation of online water quality monitoring systems.
- Implementation of chlorination and disinfection protocols.
- Preparation and execution of a long-term water safety plan for Indore city.
As we see, the Division Bench then points out in the next para that:
Para 10 being relevant is also quoted:-
10. That the issue of water contamination is not only problem of the Indore town but it is problem of the entire State and therefore, we direct the Chief Secretary of the State of Madhya Pradesh to address this Court through Video Conferencing on the aforesaid following issues which have been mentioned herein above in the order on the next date of hearing and will apprise this Court that what actions at the State level are being taken for preventing the water contamination in the entire State so as to prevent the similar incident in other places.
Do note, the Division Bench then notes in the next para that:
In compliance with the said order, the compliance reports have been filed by the State Government and Indore Municipal Corporation. According to them, the interim directions are being complied with strictly, and a High Level Committee has been appointed to inquire into the causes of contamination of drinking water in Bhagirathpura and for measures required for prevention of resources of such incidents and also to ascertain the accountability of responsible officers/employees.
On a serious note, the Division Bench then points out in the next para that, Per contra, learned counsel for petitioners seriously disputed the aforesaid interim reports submitted by the State government and Indore Municipal Corporation. They argued that on the ground level, still the supply of drinking water as per directions (a), (d), and (e) is not being complied with. They filed a number of media reports published in the newspaper and also referred to averments in the petition or in the intervention applications filed by the residents of the said area. They also argued that the appointment of the so-called High Power Committee is nothing but an eyewash and to save the officers and employees who are responsible and negligent in the said incident. They also argued that if an independent enquiry is not ordered, the relevant records will be either destroyed or tampered. It is argued that even the number of deaths because of the contaminated water in the said area is not certain. According to the petitioners the death toll is 30.
Adding more to it, the Division Bench then observes in next para that:
The State has filed today the death audit and analytical reports. According to the said report, which is based on the report of a Committee constituted by order dated 3.1.2026, comprising various doctors working in the posts of Associate Professors and Assistant Professors. According to the said report, out of 23 deaths, 16 are on account of the water contamination (epidemic). About the other deaths, the report is death probability related to the epidemic is inconclusive.
It would be instructive to note that the Division Bench then hastens to add in the next para that:
The counsel for petitioners has drawn our attention to the said report and pointed out that the reason for the probability of death being inconclusive is without basis. The remarks which are mentioned in the table for the inconclusive death probability related to the epidemic are the same which is mentioned for the conclusive. It is further argued that the report is based on information, case sheets, and verbal autopsy provided by the CMHO and RJD Health offices. We asked the State what a verbal autopsy is, but they could not explain what is a verbal autopsy and further, they could not show any material before us for the death audit and analytical report.
It merits mentioning that the Division Bench then points out that:
Thus, considering the serious issue concerning contamination of the drinking water supply in the Bhagirathpura area of Indore, which allegedly results in widespread health hazards to residents, including children and elderly persons. According to the petitioners and media reports death toll is about 30 till today, but the report depicts only 16 without any basis or record.
It cannot be glossed over that the Division Bench mentions in the next para that:
It is averred that sewage mixing, leakage in the pipeline, and failure of civic authorities to maintain portable water standards have led to the outbreak of water-borne diseases. Photographs, medical reports, and complaints submitted to the authorities prima facie indicate a matter requiring urgent judicial scrutiny.
Most significantly, the Division Bench encapsulates in the next para what constitutes the cornerstone of this notable judgment postulating precisely that, Considering the gravity of the allegation and affecting the right to life under Article 21 of the Constitution of India 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.
Equally significant is that the Division Bench then deems it fit to hold in the next para that:
Accordingly, we appoint Justice Sushil Kumar Gupta, Former Judge of Madhya Pradesh High Court, a one-man commission of inquiry into the issues relating to water contamination in Bhagirathpura, Indore, and its impact on other areas of the city.
Terms Of Reference
The Commission shall inquire into and submit a report on the following:-
[1] Cause Of Contamination:-
- Whether the drinking water supplied to Bhagirathpura was contaminated?
- Source and nature of contamination (sewage ingress, industrial discharge, pipeline damage etc.).
[2] Public Health Inputs
| Reference | Scope Of Inquiry |
|---|---|
| [iii] | Number of actual deaths of affected residents on account of contaminated water. |
| [iv] | Nature of disease reported. |
| [v] | Adequacy of medical response and preventive measures. |
| [vi] | Immediate steps required to ensure safe drinking water. |
| [vii] | Long-term infrastructural and monitoring reforms. |
| [viii] | To identify and fix responsibility upon the officers and officials found prima facie responsible for the Bhagirathpura water contamination incident. |
| [ix] | Suggest guidelines for compensation to affected residents, particularly vulnerable sections. |
Power Of The Commission
The Commission shall have powers of a Civil Court for the purpose of:
- Summoning officials and witnesses.
- Calling up records from the Government department, hospitals, laboratories and civic bodies.
- Ordering water quality testing through accredited laboratories.
- Conducting spot inspections.
Directions To State Authorities
Further, the Division Bench directs in the next para that:
All State authorities involving district administration, Indore Municipal Corporation, Public Health Engineering department and Madhya Pradesh Pollution Control Board shall extend full co-operation and provide records as sought by the Commission.
Logistical Support To The Commission
Furthermore, the Division Bench then directs in the next para that:
The State Government shall provide office space, staff, and logistical support to the Commission.
Submission Of Interim Report
Still more, the Division Bench then further also directs in the next para that,
The Commission shall submit an interim report after four weeks from the date of commencement of proceedings.”
Additional Compliance Directions
What’s more, the Division Bench then also directs in the next para that:
The respondents are directed to ensure compliance with the following directions in addition to the earlier interim directions contained in para 8 of the order dated 6.1.2026:-
- Daily water quality testing.
- Medical camps to be conducted by the health department.
Listing Of The Matter
Finally, the Division Bench then concludes by directing and holding in the last para that:
List after four weeks on 05.03.2026.
Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, Uttar Pradesh.
