Increase In Frequency Of Local Train Services Will Ameliorate Grievance Of Large Cross Section Of Public; Bombay HC Suggests State [Read Order]

Division bench of Chief Justice Dipankar Datta and Justice GS Kulkarni made the observation after the Additional Solicitor General Of India Anil Singh appearing on behalf of the Union of India submitted a chart showing the number of suburban EMUs(electric multiple unit) or multi unit trains running on electricity, operated by both the Central Railway and the Western Railway prior to imposition of the lock-down as well as between June, 2020 and October 1, 2020.

As per the chart, there has been a gradual increase in the number of services from June 2020 onwards. As on October 1, 2020, the Central Railway has been operating 431 services out of 1774 services, which it was operating before the lock-down, similarly, the Western Railway has been operating 512 services out of 1367 services which it operated before the lock-down.

Court reiterated that not only the concern expressed by the members of the legal profession and their registered clerks to allow them avail of the local train services operated by the Central Railway and the Western Railway would be considered but the scope of the PIL petitions needs to be expanded to cover personnel/staff of other sectors too, who would also be similarly interested in availing such services.

While the State is in the phase of "Unlock 5 – Mission Begin Again", the concern expressed in these petitions ought to be addressed bearing in mind the hardships and inconvenience faced by one and all and not necessarily restricted to the needs of the members of the legal profession, Court said.

The bench further observed-

"In our considered prima facie view, increase in the frequency of local train services by the Railways could be a seen as a reasonable step to cater to the needs of all others who normally travel by train and to ameliorate the grievance of a large cross section of the public, subject to the condition of requiring all commuters to maintain the prescribed distancing norms."

Court also recorded ASG Singh's statement that if a proposal from the State Government is received for increasing the frequency of local train services, the same would be favourably considered.

Thereafter, Court requested Government Pleader Purnima Kantharia to obtain instructions, particularly in view of the aforesaid submission of Mr. Singh, as to whether the State would propose to the Railways for increasing the number of local train services to the extent of at least 700 daily services by both the Western Railway and the Central Railway from the present 512 and 431 services, respectively, being operated by them, with proportionate increase for the Harbour line.

GP Kantharia by referred to a few video clips and asserted that social distancing norms are not being maintained by the commuters who are allowed to travel and that there has been large scale fraudulent activities for availing the local train services by unscrupulous elements, and therefore, it may not be advisable to increase the frequency as suggested by the Court. GP Kantharia was referring to reports of people making fake IDs/passes to travel in locals during the pandemic.

However, Court did not agree with said submission and observed-

"The State has gradually decided to open up more and more facilities like hotels, restaurants, malls, offices in the private sector, etc. and thus there ought to be a corresponding review of the situation with regard to operation of local train services and increase in its frequency. Overcrowding of the local trains, as evident from the video clip, to a substantial extent could be taken care of if more such trains are allowed to be operated. We hope and trust that the State shall respond to the suggestion for considering the desirability of proposing to the Railways for increase in the frequency of the local train services and appropriately instruct Ms. Kantharia."

Moreover, the bench instructed the Bar Associations of each of the Courts at Mumbai, Thane, Raigad and Palghar to inform about the approximate number of members of the legal profession and their registered clerks who would be willing to attend proceedings physically, should the Government agree to increase the frequency of local train services.

Finally, Court also asked the administrative side to consider the desirability of fixing separate timings for separate courts depending on the facilities available for travel as well as the number of members of legal profession and their clerks interested to participate in the proceedings, physically.

Court also clarified that the interim arrangement ordered on September 15, 2020 shall continue till the end of October, 2020, or until further order, whichever is earlier.

The next date of hearing is October 9 at 11 am.