Delhi HC refuses individual grievance redressal in Feb 15 stampede plea

The court said the individuals had the liberty to avail of “personal” remedies, such as a lawsuit to redress their grievances, including damages

New Delhi

The court directed the Railway Board to assess the implementation of sections 57 and 147 at the highest level and submit an affidavit detailing the decisions taken by March 26. (Representative photo/HT Archive)

The Delhi high court on Wednesday refused to permit three individuals, who were prevented from boarding a train bound for Prayagraj on February 15, to intervene in a plea filed over a stampede that took place on that day at the New Delhi railway station, where at least 18 people lost their lives.

A bench of chief justice DK Upadhyay and justice Tushar Rao Gedela said the scope of the plea filed by NGO Arth Vidhi was limited to the effective implementation of Section 57 and Section 147 of the Railways Act, 1989 and allowing private persons to intervene for resolution of their grievances related to Railways’ failure to refund their ticket amount would open floodgates.

“It’s a public interest litigation (PIL) and it is confined to enforcement of sections 57 and 147? Why should you be permitted to be impleaded? It will open the floodgate. By way of PIL, we will not be able to give justice,” the court said to senior advocate Rajiv Dutta, appearing for the individuals.

Section 57 of the Railways Act requires the railway administration to determine and display the maximum number of passengers permitted per compartment, while Section 147 penalises unauthorised entry onto the railway premises.

The court said, “If you are aggrieved by the inaction of the railway authorities, that will give you a personal cause of action. Intervention in this PIL may not be permitted; you are not coming for a public cause but for a private cause.”

The court said the individuals had the liberty to avail of “personal” remedies, such as a lawsuit to redress their grievances, including damages. With the writing on the wall, the individuals withdrew the plea.

The applicants had sought intervention in a plea filed by NGO Arth Vidhi, seeking directions to the Railways to implement the provisions. In the petition, it was contended that the authorities were negligent in issuing unlimited tickets without ensuring sufficient facilities, leading to overcrowding and a lack of crowd control.

On February 19, the Delhi high court pulled up Indian Railways for selling tickets beyond the capacity of train coaches and questioned the Railways for neglecting legal provisions that mandate fixing the number of passengers per compartment. The court also directed the Railway Board to assess the implementation of sections 57 and 147 at the highest level and submit an affidavit detailing the decisions taken by March 26, the next date of hearing.

The February 15 stampede took place around 10pm when thousands of passengers gathered at platforms 14 and 15 to board three Prayagraj-bound trains. Confusion over a special train announcement led to a deadly crush, killing at least 18 and injuring 12 others.