The Delhi High Court has declined to entertain an application filed by individuals seeking to be impleaded in an ongoing public interest litigation (PIL) concerning the stampede at New Delhi Railway Station (NDLS) on February 15. The division bench, comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela, advised the applicants to pursue separate legal remedies.
The applicants, who were prevented from boarding their scheduled train due to the stampede, had approached the court seeking intervention in the PIL. They also claimed they were denied reimbursement for their tickets. However, the court ruled that their grievances could not be addressed within the scope of the PIL and must be pursued independently.
"We are not disputing that in cases of public duty failure, one may seek damages under Article 226. However, this PIL is filed in public interest concerning the enforcement of Sections 57 and 147 of the Railways Act. Your personal grievance does not fall within this PIL," remarked Chief Justice Upadhyay.
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The bench clarified that whether these individuals could maintain a separate petition for damages would be decided when such a petition is filed before the appropriate legal forum.
Justice Gedela further emphasized the need for affected passengers to seek appropriate legal channels, stating:
"If you wish to file a writ petition, we will examine it. However, we will not permit impleadment in this PIL. You are free to invoke the jurisdiction of the civil court or file a suit for redressal."
Following the court's observations, the applicants withdrew their request and sought liberty to pursue alternative legal remedies. Granting their request, the court disposed of the application.
PIL on Ineffective Implementation of Railways Act
The PIL, filed by the organization Arth Vidhi, focuses on the alleged ineffective enforcement of Sections 57 and 147 of the Railways Act.
- Section 57 mandates railway administrations to set a maximum passenger capacity for each compartment and display the information prominently in multiple languages.
- Section 147 penalizes unauthorized entry into railway premises, prescribing imprisonment of up to six months, a fine, or both.
The court had previously sought a response from railway authorities regarding these provisions, noting that proper enforcement might have prevented the stampede. The matter is scheduled for further hearing on March 26.
Case Title: Arth Vidhi v. Union of India & Ors.
