Citation : 2023 Latest Caselaw 4410 Ker
Judgement Date : 12 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
WP(C) NO. 13262 OF 2023
PETITIONER/S:
GEORGE VATTUKULAM
AGED 61 YEARS
S/O JOSEPH, VATTUKULAM HOUSE
RAMAVARMAPURAM , P.O KUTTUMUKKU
THRISSUR DISTRICT., PIN - 686670
BY ADVS.
SACHIN RAMESH
ASADU AHMMED CHULLINTE
ARAVIND T RAMESH
RESPONDENT/S:
1 UNION OF INDIA
REPRESENTED BY SECRETARY,
MINISTRY OF RAILWAYS, NEW DELHI., PIN - 110001
2 INDIAN RAILWAYS
REPRESENTED BY ITS GENERAL MANAGER,
NEW DELHI., PIN - 110001
3 SOUTHERN RAILWAYS
REPRESENTED BY AREA MANAGER,
OFFICE OF THE AREA MANAGER,
SOUTH ERNAKULAM., PIN - 685012
4 PRINCIPAL CHIEF SECURITY COMMISSIONER
SOUTHERN RAILWAY, PARKTOWN,
CHENNAI - 600003 CHENNAI., PIN - 600002
5 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695036
6 STATE POLICE CHIEF
POLICE HEADQUARTERS,
VAZHUTAKKAD THIRUVANANTHAPURAM., PIN - 695010
R BY ADV.JAISHANKER V.NAIR, CGS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13262 OF 2023 ..2..
JUDGMENT
S. Manikumar, C.J.
Instant writ petition is filed for the following reliefs:
"(i) To issue a Writ of a Mandamus or any other appropriate writ, order or direction, directing the respondents to install CCTV cameras in every Compartments of trains in an expeditious time bound manner to ensure safety of passengers;
(ii) To issue a Writ of Mandamus or any other appropriate writ, order or direction, to the Respondents to do the necessary to render the trains safe for passengers."
2. Petitioner who claims to be a social worker and public
spirited person has approached this Court for a direction
to the respondents to install CCTV cameras in all the
compartments to ensure the safety of train passengers.
WP(C) NO. 13262 OF 2023 ..3..
3.Short facts leading to the filing of the writ petition are
as follows:
The petitioner states that, in a bizarre incident, an
unidentified person splashed inflammable substance
inside a train compartment and set ablaze the running
train when it reached Elathur at 9 p.m on 02.04.2023.As
a result, three people were killed and several others
sustained burn injuries. The petitioner states,that if
CCTV cameras were installed,they could have identified
the culprit and ensured the safety of the passengers.
4. Installation of CCTV cameras in every compartments
of trains is duly a policy decision of the Government.
Nevertheless, as regards the safety of the passengers,
this Court, in W.P.(C) No.11861 of 2021, after recording
the statement filed on behalf of the Indian Railways,
disposed of the writ petition directing the General WP(C) NO. 13262 OF 2023 ..4..
Manager, Indian Railways to periodically review the
steps undertaken by Railways. The measures taken to
prevent crime against passengers on railways, especially
women passengers, recorded therein are reproduced as
below:
"a) RPF escort is provided in selected Mail/Express/Passenger Trains between 6 pm and 6 am according to its vulnerability to ensure safety and security of passengers. Officers in the rank of Inspector, Sub- Inspector and Assistant Sub- Inspectors are deputed for performing train escort.
b) Special Squad consisting women RPF staff are formed time to time under the supervision of women Sub-Inspector and they are utilized for train escort duty between 6 pm and 6 am in vulnerable passenger trains for ensuring safety and security of women passengers.
c) "MERI SAHELI", an initiative to provide end to end safety and security of women has been introduced focusing women passengers travelling alone.
d) An effective Crime Prevention and Detection Squad (CPDS) is functioning round WP(C) NO. 13262 OF 2023 ..5..
the clock covering trains and important railway stations in order to prevent/detect crime against passengers, especially women passengers and keeps an eye on ladies coaches. This team is under the direct supervision of one Inspector of RPF.
e) Train escort staff has been instructed to make close watch over the activities of suspected persons/antisocial elements in trains and station premises in order to ensure safety of passengers.
f) Integrated Security System has been implemented in major stations. CCTV cameras have been installed under "Nirbhaya Scheme" in majority of stations for proper surveillance and to prevent crime against passengers. Steps are taken for Installation of CCTV cameras in rest of the stations as well.
g) CC TV cameras are fitted in about 178 coaches and fire detection systems are provided in about 362 coaches.
h) Co-ordination meetings are organized with Government Railway Police, Local Police and other security agencies and state government agencies for exchanging of information and to curb crimes.
i) Joint combing operation by RPF, Government Railway Police, and other WP(C) NO. 13262 OF 2023 ..6..
security agencies is being carried out on a regular basis in trains and railway premises to ensure general security.
j) Extensive passenger awareness programmes are being conducted in trains and railway stations, duly issuing pamphlets to educate rail users against theft, robbery, drugging etc.
k) All India Railway Helpline No.139 is functional on pan India basis for the use of passengers in need of any assistance while on travel.
l) Rail Madad, Twitter and CPGRAM online platforms are available for passengers for immediate lodging of complaint and assistance while on travel.
m) Body worn cameras are being utilized for covering train escort parties and special duties on daily basis."
WP(C) NO. 13262 OF 2023 ..7..
The same shall form part of this judgment as well.
Notwithstanding the disposal of the writ petition,it is
open to the Railways to take appropriate decision.
With the above observations, writ petition is
disposed of.
Sd/-
S.MANIKUMAR CHIEF JUSTICE
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB
WP(C) NO. 13262 OF 2023 ..8..
APPENDIX
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NEWS REPORTED IN THE
HINDU DATED 03/04/2023
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