Delhi High Court
Kush Kalra vs Union Of India And Ors. on 27 July, 2023
Neutral Citation Number: 2023:DHC:5207-DB
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment reserved on: 24.07.2023
% Judgment delivered on: 27.07.2023
+ W.P.(C) 12902/2019
KUSH KALRA ..... Petitioner
Through: Mr. Kush Sharma, Adv.
versus
UNION OF INDIA AND ORS. ..... Respondent
Through: Ms. Arunima Dwivedi, CGSC for
UOI
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SAURABH BANERJEE
JUDGMENT
SATISH CHANDRA SHARMA, C.J.
1. The present writ petition has been filed as a Public Interest Litigation
under Article 226 of the Constitution by the Petitioner, who is a practicing
advocate in the Delhi High Court claiming to be a public spirited person as
per the Writ Petition, inter alia, claiming the following reliefs:
"a) Issue a writ in the nature of MANDAMUS, or any other
appropriate WRIT, order or direction to direct the respondents
to provide Safety measures (lack of Anti Collusion Devices,
lack of Alcohol Checking devices and lack of emergency
telephones on platforms of Indian railways) and Security
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:27.07.2023
11:11:41
Neutral Citation Number: 2023:DHC:5207-DB
measures (lack of CCTV cameras at stations. Lack of Luggage
scanning devices and lack of Metal Detector Doors and Hand
Held Metal Detectors) at every Railway station in India.
b) Issue a writ in the nature of MANDAMUS, or any other
appropriate WRIT, order or direction to direct the respondents
to act on the railway police audit of Delhi railway stations
being unsafe and submit a safety compliance report of the same
to this Hon'ble Court in a span of two months or earlier.
c) Issue a writ in the nature of MANDAMUS, or any other
appropriate WRIT, order or direction to direct the respondents
to maintain highest standards of safety and security measures
at Delhi Railways Stations and all railways stations across
India.
d) Issue a writ in the nature of Mandamus, or any other
appropriate Writ, order or direction to direct the respondents
to inform to this Hon'ble Court about the steps taken by
respondents towards safety and security of commuters
travelling through Indian Railways across India and Delhi
Railway Stations.
e) Pass such other orders as this Hon'ble Court deem fit in the
circumstances of the case. "
2. The petitioner has shown grave concern in respect of safety measures
at Railway Stations and has highlighted lack of Anti Collusion Devices, lack
of alcohol checking devices, lack of emergency telephones, lack of CCTV
cameras, lack of luggage scanning devices, lack of metal detector doors and
hand held metal detectors.
3. The Petitioner has referred to certain accidents which took place in
different Railway Stations in the past and has also filed information obtained
through an RTI under the Right to Information Act, 2005 in respect of the
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:27.07.2023
11:11:41
Neutral Citation Number: 2023:DHC:5207-DB
aforesaid issues. The Petitioner's contention is that the State/ Indian
Railways/ Respondents are duty bound to secure the right of security of each
and every individual in the country and the Respondent authorities have
failed to provide the following safety and security measures:
"A. Safety Measures:
(a) Anti-Collusion Devices (ACD): ACD is a global positioning
system (GPS) based system developed by Konkan Railway
Corporation Limited (KRCL), aimed to prevent train collusions
at higher speeds by actuation of automatic application of train
brakes in collusion like situations. Anti-collusion Device has
been installed only in Northeast Frontier railway (NFR).
(b) Alcohol Detection Devices: Alcohol Detection Devices are
required at railway stations to detect the drunk people entering
the stations. As section 145 of the Railway Act, 1989 provides
punishment for drunkenness at railway stations. This particular
section cannot be enforced until the railway police/security
people are equipped with alcohol checking devices.
(c) Emergency Telephone at platforms from where a passenger
can directly call the station control room in case of emergency.
This is required because most of the time passengers are in
grave/urgent situation and they require urgent help and
presently most stations in India are not equipped with
emergency telephones at the railway stations.
B. Security Measures:
(a) Scanning Machines: Scarming Machines are necessary to
check the luggage of passengers at the railway stations. The
security of railway system can't be made full proof until
passengers belongings are properly scanned at the entrance
points of railway stations. Most of the stations in India are not
equipped with the scanning machines to check the belongings of
passengers which is a major security lapse.
(b) CCTV Cameras: CCTV cameras ensure the smooth
functioning of any railway station and helps in monitoring and
tracking of any illegal activity.
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:27.07.2023
11:11:41
Neutral Citation Number: 2023:DHC:5207-DB
(c) Metal Detector Doors and Handheld Metal Detectors are
necessary to make the travel of every commuter safe so that no
unscrupulous elements enter the station with any prohibited or
dangerous material. The above-mentioned safety and security
measures are directly related to protection of the precious life
of commuters of Indian Railways. "
4. A detailed and exhaustive counter-affidavit has been filed by the
Union of India stating that the Indian Railways have installed CCTV
cameras at stations, luggage scanning devices, door frame metal detectors,
hand held metal detector, body worn cameras and dogs (Sniffer and Tracker)
have also been posted at the Railway Stations. It has been further stated that
All India Helpline Number 139 is used for assistance to any complaints/
security assistance. It has been stated that the Railway Protection Force
Twitter Handle is available for passengers for any complaints and security
assistance. It is also stated that Operation "Meri Saheli" has been set up to
ensure safety and security to women passengers especially to the ones who
are travelling alone in addition to providing child helpline and Anti
Trafficking Units at stations for maintaining and providing security to the
passengers travelling through Railways.
5. The Respondents have, on affidavit, also furnished the details of
safety and security measures which are in place at the Railway Stations as
under:
Sl No. Detail Required Availability
1 CCTV Cameras at Stations CCTV Cameras installed at
861 Railway Stations.
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Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:27.07.2023
11:11:41
Neutral Citation Number: 2023:DHC:5207-DB
2. Luggage Scanning Devices/ Total 245 Luggage Scanning
BSM Devices/ BSM is available.
3. Door frame Metal 977
Detectors
4. Handheld Metal Detectors 4846
5. Body Worn Cameras 1016
6. Dogs Sniffer Dogs - 332,
(Sniffer & Tracker) Tracker Dogs - 90
7. Train Escorting by RPF & Average train escorting per
GRP day:- RPF-2,000 & GRP -
8. All India Helpline No. 139 Year No. of
used for assistance to any Complaint/
complaints or security Calls
assistance. received on
2020 13922
2021 (Up to 4540
March)
182 merged with 139 Rail
Madad w.e.f. 01.04.2021
Year No. of
Complaint/
Calls
received on
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Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:27.07.2023
11:11:41
Neutral Citation Number: 2023:DHC:5207-DB
2021 (April 49996
to Dec.)
2022 (Up to 59500
June)
9. RPF Twitter Handle Year No. of
available for passengers Complaint/
for any complaints/ Calls
Security assistance. received on
Twitter
2020 9062
2021 14917
2022 (Up to 11340
June)
10. Operation "Meri Total No. of teams deployed
Saheli"installed to ensure in "Meri Saheli" - 283
safety and security of
women passengers, Total No. of staff deployed in
especially of those who are "Meri Saheli" - 1125 as on
travelling alone average daily.
11. Child & Women Help CHDS are available at 132
Desks at Stations Railway stations.
12. Anti-Human Trafficking More than 750 Anti-
Units Trafficking Units covering
all RPF Posts
6. The Respondents, in addition to the aforesaid safety and security
measures have also stated on affidavit that the Indian Railways is also
conducting regular awareness programs for awareness of passengers
travelling through railways and the programme conducted by the Railways
are reproduced as under:
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:27.07.2023
11:11:41
Neutral Citation Number: 2023:DHC:5207-DB
Details regarding campaign to educate rail users
Year No. of No. of No. of Nukka No. of Stations Publicity drive through
leaflets Stickers dNatak where
distributed pasted sperformed announcements
through PA system
is made
Print Electronic Social
Media Media Media
2022 94,935 32,309 1,031 2,138 884 876 1,392
(Upto
June)
7. In respect of status of implementation of Anti-Collision Device, the
Respondents have stated that the Anti-Collision Device developed by
Konkan Railway Corporation Ltd. (KRCL) is in place as a pilot project on
1736 Km Route on Northeast Frontier Railways. It has been further stated
that complex operational and technical problems were experienced during
these trials which could not be fully resolved by KRCL, however, automatic
train protection system is being implemented on Indian Railways in respect
of the following routes:
"(a) Four works of Modern Train Control system
totaling 640Km is being implemented which includes
European Train Control System (ETCS) Level-2, on
ReniguniaYerraguntla, Palasa-Viziangram, Jhansi-Bina
& Nagpur-Hadnera Section of Golden Quadrilateral and
Golden Diagonal high density routes of Indian Railway
(b) Indigenously developed automatic train control
system i.e. Train Collision Avoidance system (TCAS) is
being implemented on Bidar - Parli -Vaijanth-Parbhani
(241 KmRoute) and Manmad - Parbhani - Nanded -
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Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:27.07.2023
11:11:41
Neutral Citation Number: 2023:DHC:5207-DB
Secunderabad- Hadwal- Dhone- Guntkal (959 Km
Route) Sections of South Central Railway.
(c) European Train Control System (ETCS) Level-2
system shall be implemented on New Delhi - Mumbai and
New Delhi-Howrah Routes in connection with raising of
speed up to 160 Km /Hr. to reduce travel time from 18
Hrs. to 12 Hrs. on these two routes. "
8. In respect of CCTV Cameras, it has been stated that the Indian
Railways have undertaken the work of providing CCTV cameras at all the
6124 railway stations and the work is also in progress at another 257 stations
and it has been stated that all the railway stations in the country will have
CCTV cameras.
9. In respect of alcohol checking devices, it has been stated by the
Respondents that action is being taken in respect of drunkness or nuisance
under Section 145 of the Railway Act and till July, 2022 itself as many as
42,086 persons had been prosecuted therein. It has been further stated that
the Railways Protection Force and Government Railway Police are escorting
3200 trains per day for a safe and secure journey of passengers.
10. It has been further stated by the Respondents that 245 Luggage
Scanning Devices/ BSM have been installed on platform entry points of
railway stations. The Railways have installed 977 Door Frame Metal
Detectors at stations and 4846 Hand Held Detectors at various Railway
Stations.
11. Additionally, the Respondents have subsequently filed an additional
affidavit on 05.01.2023 furnishing the details in respect of the safety and
security measures in the Railways. In fact, the details of equipments/
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:27.07.2023
11:11:41
Neutral Citation Number: 2023:DHC:5207-DB
instruments installed by the Indian Railways given therein are reproduced as
under:
Sl No. Description Availability
1. CCTV Cameras at Stations CCTV Cameras installed at
for video surveillance 861 Railway Station over
Indian Railways. In order
to strengthen security at
stations, Indian Railways
have undertaken a work for
provision of CCTV cameras
at all the 6124 stations
(except Halt Stations)
2. CCTV Cameras at Stations 6368
for video surveillance
3. Luggage Scanning Devices/ Total 260 Luggage
BSM Scanning Devices/ BSM is
available.
4. Door Frame Metal 1061
Detectors
5. Handheld Metal Detectors 5,265
6. Body Worn Cameras 1,168
12. The other steps in respect of the security of passengers enumerated
therein with details thereof are as under:
Sl No. Description Achievements
1. Dogs (Sniffer & Tracker) Sniffer Dogs - 332,
Tracker Dogs- 90
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:27.07.2023
11:11:41
Neutral Citation Number: 2023:DHC:5207-DB
2. Train Escorting by RPF & Average train escorting per
GRP day:- RPF- 2,000 & GRP-
3. All India Helpline No. 139 Year No. of
(integrated with Emergency Complaint/
Response Support System Calls
112) used for assistance to received on
passengers in distress Helpline
182/139 and
action has
been taken
2020 13,922
2021 4,540
(Up to
March)
Toll free number 182 was
later merged with Rail
Madad Help line number
139 w.e.ff 01.04.2021
2021 49,996
(April to
Dec.)
2022 (up to 1,30,107
Sep.)
4. RPF Twitter Handle Year No. of
available for passengers Complaints/
for any complaints/ Calls
Security assistance. received on
Twitter and
action has
been taken.
2020 9,062
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Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:27.07.2023
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Neutral Citation Number: 2023:DHC:5207-DB
2021 14,917
2022 18,185
(up to Sep.)
5. Opertation "Meri Saheli Total No. of teams deployed
implemented to ensure - 283
safety and security of
women passengers, Total No. of staff deployed -
especially of those who are 1,125 as on average daily.
travelling alone."
6. Child Help Desks at CHDS are available at 143
Stations Railway Stations.
7. Anti-Human Trafficking More than 750 Anti-Human
Units Trafficking Units covering
all RPF Posts across the
country.
13. The Respondents have further stated that they have launched other
initiatives for the security of passengers, some of them detailed in the
affidavit are as under:
"1. Operation 'Nanhe Farishtey':
- for identifying and rescuing children in need of care &
protection who are lost/separated from their family due to
vanous reasons.
2. Operation 'Amanat':
- Recovery of left behind luggage of passengers and restoring
them to the rightful owner.
3. Mission „Jeevan Raksha
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Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:27.07.2023
11:11:41
Neutral Citation Number: 2023:DHC:5207-DB
- saving the life of passengers who are in hurry trying to
board/de-board a moving train, slip and fall with the risk of
coming under the wheels of train and people under distress
trying to commit suicide by deliberately coming in front of a
running train. Under this operation RPF personnel risking their
own lives tries to rescue the lives of others.
4. Operation 'Mahila Suraksha':
- Besides several steps taken to enhance the security of women
passengers, an initiative 'Meri Saheli initiative' was launched
across Indian Railways with an objective to provide safety and
security to lady passengers travelling alone or with minors by
long distance trains for their entire journey from originating
station to terminating station. Dedicated teams of lady RPF
personnel have been formed across all zonal railways for its
implementation.
5. Operation 'Jan Jagaran': -
- awareness programs for railway passengers are made by
distributing leaflets, pasting stickers, performing nukkad
nataks, publicity through print media, electronic media &
social media and announcement through P A systems.
6. Operation 'Sanraksha': -
- for action against the criminals involved in pelting stone on
the moving train, carrying inflammable or crackers in train etc.
7. Operation „AAHT
- in order to fight against Human Trafficking, an operation
against Human Trafficking was has been launched and more
than 750 Anti Human Trafficking Units AHTUs have been
formed for the purpose."
14. In the additional affidavit, the Respondents have again furnished the
details in respect of Anti-Collision Device and have stated that the
Automatic Train Protection systems are being implemented in the Indian
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:27.07.2023
11:11:41
Neutral Citation Number: 2023:DHC:5207-DB
Railways. The following Automatic Train Protection Systems are being
implemented in the Indian Railways:
"a. Four works of Modem Train Control system to a total of
640 Route km is being implemented which includes European
Train Control System (ETCS) Level-2, on Renigunta-
Yerraguntla; Palasa-Vizianagaram; Jhansi-Bina & Nagpur-
Badnera sections of Golden Quadrilateral and Golden
Diagonal High Density Routes of Indian Railways.
b. Indigenously developed Automatic Train Control System i.e.
Train Collision Avoidance System (TCAS) is being implemented
on Bidar - Parli Vaijnath - Parbhani (241 Route km) and
Manmad - Parbhani - Nanded - Secunderabad - Gadwal -
Dhone - Guntakal (959 Route km) sections of South Central
Railway.
ETCS Level-2 system be implemented on New Delhi- Mumbai
and New Delhi-Howrah routes in connection with raising of
speed up to 160 kmph to reduce travel time from 18 Hrs to 12
Hrs on these two routes."
15. All the aforesaid clearly reflect that the safety and security of
passengers is of paramount importance to the Railways and the Railways
have been taking all necessary safeguards to ensure that there is no breach in
respect of safety and security of passengers. The affidavit reveals that the
Railways have presently installed CCTV Cameras, luggage scanning
devices, door fame metal detectors, hand held metal detector, body worn
cameras and dogs (Sniffer and Tracker), automatic train protection system
etc.
16. Therefore, in light of the affidavits filed by the Union of India,
nothing more is required and, thus, the present PIL stands disposed of.
However, the Respondents shall ensure that there is a periodic audit in
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:27.07.2023
11:11:41
Neutral Citation Number: 2023:DHC:5207-DB
respect of the safety and security measures in the Indian Railways and after
conducting periodic audit and assessing the situation, the Government of
India shall ensure maintenance of highest standards of safety and security at
Railway Stations all over the country.
17. With the aforesaid, the petition stands disposed of.
(SATISH CHANDRA SHARMA)
CHIEF JUSTICE
(SAURABH BANERJEE)
JUDGE
JULY 27, 2023
N.Khanna
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:27.07.2023
11:11:41
