On Wednesday, the Delhi High Court declined to entertain a plea by several individuals seeking intervention in an ongoing public interest litigation (PIL) related to the stampede at New Delhi Railway Station on 15 February.
A division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela ruled that the applicants were free to pursue legal remedies available to them but could not intervene in the PIL.
The Court emphasized that individuals should address personal grievances through separate petitions.
Individuals who were at the station on the day of the incident but couldn’t board their train and didn’t receive ticket reimbursements filed the plea.
The court noted, “We are not disputing or saying that if there is a failure of public duty, someone cannot claim damages by filing a petition under Article 226. We are not saying that. What we are saying is that this writ petition is filed in public interest by some individual with prayer for enforcement of Section 57 and 147 (of Railways Act). You’re seeking a personal remedy for you. You may or may not be able to maintain a separate petition but your intervention here won’t be possible.”
The Court will evaluate the validity of any petition seeking damages under private law only when the petitioners formally file it.
Alternative Legal Remedies For Stampede Petitioners
Justice Gedela suggested that the applicants should pursue the legal remedies available to them.
He added that if they chose to file a writ petition, the Court would review it accordingly.
“If you want to file a petition or invoke jurisdiction of civil court by filing a suit, the remedy is open to you but we will not allow your impleadment here,” Chief Justice noted.
Following discussions, the applicants withdrew their plea, opting to explore alternative legal recourse.
The court stated, “The application is disposed of with the liberty as prayed for.”
The PIL, filed by the organization Arth Vidhi, highlights concerns over the ineffective enforcement of Sections 57 and 147 of the Railways Act.
Section 57 mandates that railway administrations set and display passenger limits for each compartment, while Section 147 prescribes penalties for unauthorized entry into railway premises.
Last month, the Court sought a response from railway authorities on the matter, emphasizing that stricter implementation of these provisions could help prevent such incidents.
The Court has scheduled the next hearing for March 26.
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