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The Delhi High Court has directed the Railway Board to examine concerns related to crowd management and ticketing regulations following the stampede at New Delhi Railway Station on February 15. The bench of Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela was hearing a Public Interest Litigation (PIL) highlighting alleged mismanagement by the railway administration.
Petition Highlights Gross Negligence
Advocate Aditya Trivedi, appearing for the petitioner, argued that the stampede was a result of mismanagement, negligence, and failure of administration. He stressed the need for effective crowd control measures, especially in view of the high passenger load at railway stations.
Justice Tushar Rao Gedela, however, questioned the feasibility of controlling such large crowds in real time. “Are you aware of how many lakhs of people were at the station that day? Infrastructurally, it may not be possible to manage that kind of rush. The subsequent measures were taken,” he observed, adding that the incident should not be treated like a railway accident for the purpose of establishing negligence.
Solicitor General Assures Positive Action
Appearing for Indian Railways, Solicitor General Tushar Mehta stated that the Railways was not taking an adversarial stand and acknowledged the concerns raised. He took the court through the petition’s demands, noting that:
- Strengthening implementation of the Railways Act: The Railways is already bound by the law, and no further directive is needed.
- Issuance of guidelines for general class ticketing: A circular has already been issued addressing safety and ticketing concerns, though managing unexpected crowd surges remains a challenge.
- Compensation for victims: The government has provided ex gratia compensation, though no amount can fully compensate for the loss of life.
Chief Justice Upadhyay stressed that proper implementation of existing rules could prevent such situations. He pointed out that while accommodating rush-hour passengers is understandable, selling tickets beyond coach capacity has been a longstanding issue.
“Fixing the strength of passengers in a coach is a simple yet neglected provision. Why are more tickets sold than the available seats? That is the real problem,” the Chief Justice remarked.
Railway Board to Examine Issues
Acknowledging the court’s observations, SG Mehta assured that the Railway Board will take these issues as positive suggestions and conduct a review. He requested the court to treat this as a representation, promising that a short affidavit will be filed outlining the board’s response and proposed measures.
The court order emphasized that Sections 57 and 147 of the Railways Act, 1989, which mandate fixing a passenger limit per coach and penalizing unauthorized entry into railway premises, must be strictly implemented.
“The objective of these provisions is clear. The Railway Board must ensure their proper enforcement to avoid such incidents in the future,” the court stated.
The matter is scheduled for further hearing on March 26, with the Railway Board expected to submit its affidavit detailing its decisions and action plan.
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