The Delhi High Court on Wednesday pulled up Indian Railways over its practice of selling tickets beyond a train’s capacity, following a tragic stampede at New Delhi Railway Station (NDLS) that claimed at least 18 lives. The Court has sought responses from the Union government, Indian Railways, and the Railway Board on a Public Interest Litigation (PIL) seeking stricter safety measures.
A Division Bench of Chief Justice DK Upadhyay and Justice Tushar Rao Gedela pointedly questioned the Railways’ ticketing policies, stating, “If you fix the number of passengers to be accommodated in a coach then why do you sell, why the number of tickets sold exceed that number? That is a problem.”
The Court referred to Section 57 of the Railways Act, which mandates the administration to fix the maximum number of passengers per compartment. The Bench noted that had this provision been properly implemented, the chaos could have been avoided.
“If you implement a simple thing in a positive manner in letter and spirit, such a situation can be avoided,” the Court remarked.
The PIL, filed by legal organization Arth Vidhi, highlighted alleged mismanagement and negligence by the Railways, emphasizing the lack of enforcement of safety regulations. Advocate Aditya Trivedi, appearing for the petitioners, pointed out the absence of a structured system to track passenger numbers in unreserved compartments.
“Airports have mechanisms to know how many people are there. Indian Railways has no such mechanism. If Railways is not following its own rules, then how can we expect security?” he argued.
Solicitor General Tushar Mehta, representing the Railways, assured the Court that the issues raised would be examined at the highest level. He stated, “This is law, we are bound by it. No mandamus is needed for it.” Mehta further mentioned that the Railway Board had already issued a circular on unreserved ticketing and would revisit the matter.
Regarding compensation, Mehta acknowledged the gravity of the tragedy, saying, “Of course, it cannot be enough. We respect the loss of life.”
The Court directed the Railways to file a detailed affidavit outlining the steps it would take to enforce passenger limits and improve safety measures. It also observed, “You take action, but it is inadequate perhaps.”
The case will be heard next on March 26, with the Court expecting concrete measures from the Railways to prevent such incidents in the future.
