In a significant ruling, the Gujarat High Court upheld the dismissal of nine railway constables for dereliction of duty in connection with the 2002 Godhra train burning incident. The court emphasized that had these personnel performed their assigned duties onboard the Sabarmati Express, the tragic event might have been prevented.
The case concerned nine constables assigned to patrol the Sabarmati Express, a high-risk “A-category” train, where armed personnel were required due to potential threats like theft, violence, and public disorder. Despite being assigned to return to Ahmedabad on the Sabarmati Express from Dahod, they instead chose to travel via the Shanti Express, which was only six hours earlier. This decision left the train without any security on board when it passed through Godhra, where the horrific incident occurred.
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"If the petitioners had departed in Sabarmati Express train itself to reach Ahmedabad, the incident that occurred at Godhra could have been prevented," the High Court noted.
The High Court found the constables guilty of making false entries in official registers, stating they would return by Sabarmati Express but boarding a different train instead. This act was deemed not only negligent but also a serious breach of responsibility, especially considering their role in protecting passengers on a vulnerable route.
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“The petitioners showed dereliction, negligence, and carelessness towards their duty. These charges stand proved,” said Justice Vaibhavi D. Nanavati in her April 24 judgment.
The court clarified that the train they were supposed to travel on required at least three armed constables with rifles and others equipped with batons and ropes. Some officers in plain clothes were also required to patrol. None of these measures were followed, leaving the S-6 coach, where the violence occurred, unguarded.
“Such misconduct amounts to a breach of public trust and compromises passenger safety, especially on high-risk trains,” the judgment emphasized.
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Furthermore, the court dismissed the constables' defense that they would have been martyrs had they boarded the train. The court called this argument unacceptable, especially coming from police officers trained to handle dangerous situations.
“Such statements from police personnel are rightly not accepted by the disciplinary authority,” the court stated.
The judgment also rejected claims of bias against the inquiry officer. The constables had raised this issue only after the inquiry concluded, despite having fully participated in the process without objection earlier. The court stated that no evidence of personal bias was presented, and due process was followed throughout the disciplinary proceedings.
In terms of disciplinary actions, the court confirmed that the dismissal from service was in line with the Bombay Police (Punishment and Appeal) Rules. The court also noted that the petitioners failed to inform their superiors or correct their false travel records, which further compounded their misconduct.
Case title: GULABSINH DEVUSINH JHALA & ORS. Versus STATE OF GUJARAT & ORS.
