NDLS stampede: ‘Why did you sell excess tickets,’ asks Delhi HC to Railways

The Delhi High Court has sought responses from the Union government, Indian Railways, and Railway Board on a PIL concerning railway safety after a recent stampede at New Delhi Railway Station claimed at least 18 lives. The incident was linked to the Mahakumbh rush in Uttar Pradesh. 

The court questioned why the Railways sold more tickets than their capacity allows, highlighting a breach of Section 57 of the Railways Act. The petition stated that mismanagement and negligence by the Railways contributed to the tragedy and called for the proper implementation of legal provisions under the Railways Act. 

"If you fix the number of passengers to be accommodated in a coach then why do you sell, why the number of tickets sold exceed that number? That is a problem," the Court said, as mentioned in a report in Bar and Bench.

"His (petitioner’s) concern is this situation would not have arisen if the Railways had complied with its rules," noted Chief Justice Upadhyay, the report stated. 

Solicitor General Tushar Mehta, representing Indian Railways, acknowledged the issues, affirming adherence to existing laws without the need for a mandamus. "This petition highlights mismanagement, gross negligence and complete failure of administration that caused the stampede," stressed the petitioner's counsel. 

The Railways have issued a circular regarding unreserved class ticket issuance, though unexpected crowds remain a challenge. The Court requested an affidavit from the authorities detailing steps to implement these rules and improve safety measures. The matter is scheduled for further hearing on March 26, with the Court urging the Railway Board to examine the issues at the highest level to prevent future incidents. 

“Are you aware of how many lakhs of people were at the station that day? Infrastructurally it may not be possible to control that kind of crowd. The subsequent measures were taken. It is not something like a railway accident to claim negligence,” Justice Gedela pointed out, asking if railways is not following its own rules then how can anyone expect security. 

As per the report, the court said that railways lack a system like the airports that know how many people have visited. 

The next hearing will be on March 26.