NDLS Stampede: Delhi High Court Refuses To Implead Persons Prevented From Boarding Train, Asks Them To Avail Remedy Separately

The Delhi High Court on Wednesday refused to entertain an application filed by various individuals seeking intervention in a pending public interest litigation filed over the recent stampede that occurred at New Delhi Railway Station on February 15.

A division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela granted liberty to the impleaders to avail appropriate remedy available to them under law.

The Court remarked that the intervention in the PIL could not be permitted and that they can file separate petitions espousing their personal cause.

The application was filed by some individuals who were about to board the train on the date of incident but could not do so. They did not get the reimbursement of the tickets.

“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,” Chief Justice remarked.

He said that whether the petition filed by the individuals seeking damages in private law would be maintainable at their instance will be considered when the same will be filed in the Court of law.

Justice Gedela also said that it may be better for the impleaders to avail the remedy available to them under law. If you file a writ, we will examine it, the judge said.

“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 remarked.

After some arguments, the counsel appearing for the impleaders withdrew the application and sought liberty to take appropriate remedy available to them under law for redressal of their grievance.

“The application is disposed of with the liberty as prayed for,” the Court said.

The PIL, filed by an organization Arth Vidhi, alleged ineffective implementation of the provisions contained under the Railways Act, especially Sections 57 and 147.

Section 57 states that every railway administration shall fix the maximum number of passengers which may be carried in each compartment and shall exhibit the number in a conspicuous manner inside or outside each compartment in Hindi, English and in one or more regional languages commonly used in the areas concerned.

Section 147 is a penal provision stating that any person who enters into any part of a railway without lawful authority shall be punishable with imprisonment for upto six months or a fine or both.

Last month, the Bench had sought a response from the railway authorities on the PIL. It was remarked that if the legal provisions were perhaps implemented adequately, such incidents of stampede could be avoided.

The case is fixed for hearing on March 26.

Case Title: Arth Vidhi v. Union of India & Ors. 

Citation: 2025 LiveLaw (Del) 276