> \ &qm§ Eggs igm g wv km xa¢®%®%k%k%a ,Omxxuv® g x N8? m :S mam» 33 mag? Egg ~M§ g E w y) *ynhzwwwum gmgg %£¥dgwa §§w§%% Kg“ Ewa; V xa==oa aw E § m~mmou3n o: 6 r , 6 $as .\ 1:: ax a»: %m\*%: §4£a§§‘ avu nkgwmaE‘wnn3 $vk w . i HIGH COURT OF CHEMTTISGARH, BILASPUR W.P.NO. 152 1/2094 IN THE MATTER OF UNION OF INDIA AND OTHERS ORDER Post for 14,6.2004 j ( fuew Fakhruddm Sdl-/1 ¥ a Judge k ‘ \ \ 7 , W¥b§§~ HIGH COURT OF CHHATTISGARH, BILASPUR W.P.NO. 152 112004 IN THE MATTER OF UNION OF INDIA AND OTHERS, Present: Dubey; Shashalik Shri Panel Dubéy, Ravish Lawyer Dy. Agrawa}, for Advocate the State. Advocat's Gamer-ad General ami Shi’i'Saiideefp with Shii Shri Vinay Harit, India and Railways. Shri H.B. Agrawala Sanjay Agrawal and Shri Amit Sharma K. Agrawal, Shri Sanjay S. appear as Amicus Curiae. Naidu, (Zone) R.P.F., S/ Bilaspur Chhattisgarh, Dy. Shri Commissioner Sanjay and Pillai, Ajay De DIG Shankar (Coaching), (Railway), Jha, G. Rajaram, Dy. Viswakarma, C.C.M., Dy. G.M.S. C.S.P’, ALO Security Commissioner are nial present. Das representing Divisional ORDER W Per Fakhruddin. J: Regarding the day‘to—day robberies and dacoities in few of the trains running late by many hours, lot of hue and cry a$ being raised by the media and the public at large. These problems have to be dealt with by thehallways. So far as law assist‘the Courts to deliver prompt justice. ('2) This Court has iSSued notices. Pursuant t0 tha notices ‘issued, ths authorities have responded and the Senior Offlcers presented their versions, which have been recorded. (3) Shri Ravish Agrawal, learned Advocate General of the State of Chhattisgarh highlighted. the problems and showed serious concern. One of the concerns showed is that the incident. occurs and trains get delayed. The passengers get agitated and the trains are detained, which causes unnecessary delay and inconvenience to the co—passengers‘ Learned Advocate General assured full co—operation on behalf of the State, so also Shri Shashank Dubev, Dy. Advocate Eeneral assisted by Shri t3andeep Dubey, Panel Lawyer. Shri Vinay Harit, learned Sr. Ceunsel for Union of India, equally showed concern on behalf of the Railways and its authorities. £4) Amicus curiae Shri Sanjay K. Agrawal extensively read the decision of the Apex Court reported in All? 1984SC 74 (Dr. P. Nalla Thampy Thera ~v— Union oflndia and others). He also relied upon the judgments reported in 2000(2) SCC 465 {Chairman Raiiway Board 65 ors. ~v- Chandn’ma .Das {Mrs} 65 07‘s.} and AIR 2003 3&H 141 {Union of India vs. Rajesh Kumar}. i5) Shri HnB. Agrawal, Shri Sanjay S. Agrawal and Shri Amit Shanna. Advocates: with permission assisted the Court. Thevvwpeferred to para 26 of the judgmentff the Apex Court in the case of Dr.P. Nalla (supra) and submitted that the problems can be solved, if every citizen becomes aware of his I ‘i aduties and before asking for enforcement of his right, volunteers to perform his obligation. A “TWVWA . Q RP. F. , Chhattisgarh submittéd that 42 trains ére running through Bilaspur Section and they have identiiied 6 trains (Up and Down) which are affacted by the incidents of dacoity, loot etc. They are Hirakund Express, Utkal Express, Amarkantak ExpreSS, Sal‘nath ExpreSS, Bilaspur Rewa Passenger and Bilaspur Bhopal Passenger. He further submitted that the security at present is with the GRP. and the RRF. will take charge of security from lst July 2004. He further submitted that police personnel are being equipped with proper facilities to stop the incidents of theft, eKtortion, robbery and dacoity in trains. {7} Shri Sanjay Piliai, D.I.G., Railway; aiso addressed the Court. He submitted that the G.R.P‘ is equally concern and they have taken note of the situations. After the reports are now being deployed duly equipped. \ lodged, they have started proceedings. Proper persons are {9) Since the security in Sarnath Express is being taken care of by the Railway Board, in View of the reports of incident: Hirakund Express may also be taken care of by the Railway Board. i (10) So ‘far as incidents “ -—-— . . ‘ of loot and dacoity are concerned, preventive action be taken and due security should be provided. Proper security guards be L deployed duly equipped. ‘lf incidents occur, reports be dodged. The copies of these. reports also be sent to the Railway Magistrate or the Magistrate concerned, who shall ‘ proceed in the matter in accordance with the provisions stipulated under ib‘e Criminal Procedura Code. 1 1) It is pointed out that various 201165 are there and trains pass through many zones and provinces. It is also pointed out that there are various police stations on the train 1ines. Proper coordination from the State, zones and all concerned is required. Let the same be done. Learned Advocate General submitted that if something is required from the State, the Railways may inform and take up the matter with State Home Seeretarv . {12} So far as security in the trains is concerned, the Director General of Police of the State of Chhattisgarh and the State of M.P., so also the Zonal and Regionai Managers, may meet and sort out the ways and means. It is hoped that the authorities and the Government would provide security to improve this great public utility in an effective way and with an adequate sense of urgency by taking early steps. Let every effort be made by all concerned keeping in view that the Railways are a public utility service and if the incidents frequently occur and unreported are undetected, the very credibility of it may be lost. {13) Amicus curiae appearing also showed serious concern about late running of trains and also~the "supply of wrong information about the position of trains. { 14) Shri Jha: Dy.C.C.M.¢ submitted that Controller does not give correct information and the Announcer gets incorrect information. This problem is of Railways interse department. lt must be solved. The D.R.M. and the Zonal Managers would ‘ look into the matter. The public is entitled to get the correct ( \ ()1 information and the Announcer must have the corract information. ContinuouS late running of trains by more than three hours or so, beSide cauSing unnecessary delay and inconvenience to the public, is a loss to the Railways as well. It is informed that passengers are entitled to cancel the ticket and get refund, if train is late by three hours or more. If the trains are late by more than three hours, Railway Board/Zonal Manager should take such steps, which are warranted . {15) It is also stated by the authorities that some times small incident is highlighted and good work done by the Railways is not reported. {16) So far as this aspect is concerned the authorities may put no their vers1on bV such method which are permissible g5; print or electl onic media and seek co operation {17) Learned Advocate General also highlighted one more thing that there is long standing demand that Amarkantak Express via Jabalpur may be made available for every day and if possible first A.C. be provided. So far as this is concerned: Shri Harit has taken note of it, but it is for the Railways to consider and decide and this Court leaves it for consideration of’Railways. {18) So far as the Courts are coneerned, they have their own limitations. The authorities assure that they will do their best. » The action report regarding security and information about late running of trains may be submitted to this Court as expeditiously as possible . preferably Within a month. Thereafter, periodical check-up may be done and quarterly \ \ \ report may be submitted through Addl. Registrar perusal. (19) Before partiug, (Judicial) for thiS Court appreciates the valuable assistance rendered by the Advocate General, Amicus Curiae and the counsel appearing for the parties. M7 71L, Sdl- Judge Fakhruddin ' l l 14/6/2004