NEW DELHI: The Delhi High Court on Wednesday declined to entertain an application seeking to intervene in an ongoing PIL concerning the February 15 stampede at the New Delhi Railway Station (NDLS).
A division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela ruled that the applicants were free to pursue appropriate legal remedies independently, but their intervention in the PIL was not permissible.
The application was filed by individuals who were present at the station on the day of the incident and were unable to board their train. They sought to be reimbursed for their tickets but had not received compensation.
Addressing the plea, the Chief Justice clarified that the court was not disputing an individual’s right to seek damages in cases of public duty failure. However, he emphasised that the present PIL was focused on broader public interest concerns, particularly the enforcement of Sections 57 and 147 of the Railways Act.
“This writ petition has been filed in public interest, raising concerns about regulatory compliance under the Railways Act. Your plea, however, seeks a personal remedy. While we are not ruling out your right to file a separate petition, intervention in this PIL is not appropriate,” the Chief Justice stated.
Justice Gedela also advised the applicants that they were free to explore legal remedies. “If you file a writ petition, we will examine its merits. Alternatively, you may approach the civil court through a suit,” he observed.
Following this clarification, the counsel representing the applicants withdrew their plea and sought liberty to seek redressal through appropriate legal channels. Accepting this, the court disposed of the application, granting liberty as requested.
The PIL in the NDLS stampede incident highlights alleged inadequate enforcement of critical provisions of the Railways Act, particularly Sections 57 and 147.
Section 57 mandates railway administrations to set a maximum passenger limit for each compartment and display this information prominently in Hindi, English, and relevant regional languages. Section 147, a penal provision, prescribes imprisonment of up to six months, a fine, or both for unauthorised entry into railway premises.