SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2023 Supreme(Del) 3008

IN THE HIGH COURT OF DELHI AT NEW DELHI
Satish Chandra Sharma, Saurabh Banerjee, JJ.
Kush Kalra – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 12902 of 2019
Decided On : 27-07-2023

Advocates appeared:
Mr. Kush Sharma, Advocate, for the Petitioner.
Ms. Arunima Dwivedi, CGSC, for UOI.

The court emphasized the importance of periodic audits and maintenance of highest standards of safety and security at Railway Stations, based on the measures detailed in the affidavits filed by the Union of India.

Headnote:

Safety Measures - Public Interest Litigation - Railway Act, 1989, Right to Information Act, 2005 - ACD: Section 145 of the Railway Act, 1989 - Lack of Anti Collusion Devices, lack of Alcohol Checking devices, lack of emergency telephones, lack of CCTV cameras, lack of luggage scanning devices, lack of metal detector doors and hand held metal detectors - The court discussed the petitioner's concerns regarding safety measures at Railway Stations and the Respondents' measures to address them. The court highlighted the provisions of the Railway Act, 1989 and the Right to Information Act, 2005, and the Respondents' efforts to ensure safety and security at Railway Stations.

Fact of the Case:

The petitioner, a practicing advocate, filed a Public Interest Litigation under Article 226 of the Constitution, expressing grave concern about safety measures at Railway Stations and seeking various reliefs.

Finding of the Court:

The court found that the Railways have taken extensive measures to ensure safety and security at Railway Stations, as detailed in the affidavits filed by the Union of India. The court disposed of the PIL, emphasizing the need for periodic audits to maintain the highest standards of safety and security at Railway Stations.

Issues: Concerns about safety measures at Railway Stations, the duty of the State/Indian Railways to secure the right of security of individuals, and the adequacy of the measures taken by the Respondents.

Ratio Decidendi: The court emphasized the importance of periodic audits and maintenance of highest standards of safety and security at Railway Stations, based on the measures detailed in the affidavits filed by the Union of India.

Final Decision: The petition stands disposed of, with the direction for periodic audits and maintenance of highest standards of safety and security at Railway Stations.

JUDGMENT

Satish Chandra Sharma, C.J.

1. The present writ petition has been filed as a Public Interest Litigation under Article 226 of the Constitution by the Petitioner, who is a practicing advocate in the Delhi High Court claiming to be a public spirited person as per the Writ Petition, inter alia, claiming the following reliefs:

"a) Issue a writ in the nature of MANDAMUS, or any other appropriate WRIT, order or direction to direct the respondents to provide Safety measures (lack of Anti Collusion Devices, lack of Alcohol Checking devices and lack of emergency telephones on platforms of Indian railways) and Security measures (lack of CCTV cameras at stations. Lack of Luggage scanning devices and lack of Metal Detector Doors and Hand Held Metal Detectors) at every Railway station in India.

b) Issue a writ in the nature of MANDAMUS, or any other appropriate WRIT, order or direction to direct the respondents to act on the railway police audit of Delhi railway stations being unsafe and submit a safety compliance report of the same to this Hon'ble Court in a span of two months or earlier.

c) Issue a writ in the nature of MANDAMUS, or any other appropriate WRIT, order or direction to direct the respondents to maintain highest standards of safety and security measures at Delhi Railways Stations and all railways stations across India.

d) Issue a writ in the nature of Mandamus, or any other appropriate Writ, order or direction to direct the respondents to inform to this Hon'ble Court about the steps taken by respondents towards safety and security of commuters travelling through Indian Railways across India and Delhi Railway Stations.

e) Pass such other orders as this Hon'ble Court deem fit in the circumstances of the case. "

2. The petitioner has shown grave concern in respect of safety measures at Railway Stations and has highlighted lack of Anti Collusion Devices, lack of alcohol checking devices, lack of emergency telephones, lack of CCTV cameras, lack of luggage scanning devices, lack of metal detector doors and hand held metal detectors.

3. The Petitioner has referred to certain accidents which took place in different Railway Stations in the past and has also filed information obtained through an RTI under the Right to Information Act, 2005 in respect of the aforesaid issues. The Petitioner's contention is that the State/Indian Railways/Respondents are duty bound to secure the right of security of each and every individual in the country and the Respondent authorities have failed to provide the following safety and security measures:

"A. Safety Measures:

(a) Anti-Collusion Devices (ACD): ACD is a global positioning system (GPS) based system developed by Konkan Railway Corporation Limited (KRCL), aimed to prevent train collusions at higher speeds by actuation of automatic application of train brakes in collusion like situations. Anti-collusion Device has been installed only in Northeast Frontier railway (NFR).

(b) Alcohol Detection Devices: Alcohol Detection Devices are required at railway stations to detect the drunk people entering the stations. As section 145 of the Railway Act, 1989 provides punishment for drunkenness at railway stations. This particular section cannot be enforced until the railway police/security people are equipped with alcohol checking devices.

(c) Emergency Telephone at platforms from where a passenger can directly call the station control room in case of emergency. This is required because most of the time passengers are in grave/urgent situation and they require urgent help and presently most stations in India are not equipped with emergency telephones at the railway stations.

B. Security Measures:

(a) Scanning Machines: Scarming Machines are necessary to check the luggage of passengers at the railway stations. The security of railway system can't be made full proof until passengers belongings are properly scanned at the entrance points of railway stations. Most of the stations in India are not equipped with the



Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top