The Delhi High Court on Wednesday refused to entertain an intervention application filed by persons who could not board their train and claimed refund of tickets on the day of the recent stampede at New Delhi Railway Station (NDLS)..The bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela was hearing the application seeking to intervene in the Public Interest Litigation (PIL) pending before the Court..The Chief Justice urged the intervenors to take recourse to the remedies available under private law.“You have a personal cause of action. This is a PIL is confined to the enforcement of provisions of Railways Act. Why should you be impleaded?" the Court asked.Justice Gedela said,“It will open floodgates. We will not be doing justice to your case. The issue here is something else. You cannot come in the PIL. Your case is entirely on the incident. In the PIL, the incident is not the primary focus.”.Senior Advocate Rajiv Dutta, appearing for the intervenors, made arguments on the maintainability of the application, stating,"There is a breach of duty and since the issue is one of enforcement of public duty, the remedy is also available under public law.".However, Chief Justice Upadhyaya replied, “Article 226 is for a public law remedy, not private law. The scope of this PIL is limited to the compliance of Railways Act.Incidentally, the incident is only mentioned in this PIL. It is not confident to that incident, this petition had nothing to do with that incident. If you are aggrieved by an action or inaction of the Railway authorities, that gives you a personal cause of action. Intervention in this PIL cannot be permitted as you are not coming in public cause, you care coming for personal cause.”The Court allowed the intervenors to withdraw the application with liberty to take appropriate recourse under law..The PIL pending before the Court has been moved by Arth Vidhi, a group of lawyers, entrepreneurs and others professionals, in the backdrop of the recent stampede which resulted in the deaths of at least 18 people at NDLS.The station was overcrowded due to the owing to the rush to take part in the Maha Kumbh in Uttar Pradesh.The PIL highlights mismanagement, gross negligence and complete failure of administration that caused the stampede on February 15.On this PIL, the Court had earlier sought the responses of the Union government, the Indian Railways and the Railway Board. The matter will be heard on March 26.
The Delhi High Court on Wednesday refused to entertain an intervention application filed by persons who could not board their train and claimed refund of tickets on the day of the recent stampede at New Delhi Railway Station (NDLS)..The bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela was hearing the application seeking to intervene in the Public Interest Litigation (PIL) pending before the Court..The Chief Justice urged the intervenors to take recourse to the remedies available under private law.“You have a personal cause of action. This is a PIL is confined to the enforcement of provisions of Railways Act. Why should you be impleaded?" the Court asked.Justice Gedela said,“It will open floodgates. We will not be doing justice to your case. The issue here is something else. You cannot come in the PIL. Your case is entirely on the incident. In the PIL, the incident is not the primary focus.”.Senior Advocate Rajiv Dutta, appearing for the intervenors, made arguments on the maintainability of the application, stating,"There is a breach of duty and since the issue is one of enforcement of public duty, the remedy is also available under public law.".However, Chief Justice Upadhyaya replied, “Article 226 is for a public law remedy, not private law. The scope of this PIL is limited to the compliance of Railways Act.Incidentally, the incident is only mentioned in this PIL. It is not confident to that incident, this petition had nothing to do with that incident. If you are aggrieved by an action or inaction of the Railway authorities, that gives you a personal cause of action. Intervention in this PIL cannot be permitted as you are not coming in public cause, you care coming for personal cause.”The Court allowed the intervenors to withdraw the application with liberty to take appropriate recourse under law..The PIL pending before the Court has been moved by Arth Vidhi, a group of lawyers, entrepreneurs and others professionals, in the backdrop of the recent stampede which resulted in the deaths of at least 18 people at NDLS.The station was overcrowded due to the owing to the rush to take part in the Maha Kumbh in Uttar Pradesh.The PIL highlights mismanagement, gross negligence and complete failure of administration that caused the stampede on February 15.On this PIL, the Court had earlier sought the responses of the Union government, the Indian Railways and the Railway Board. The matter will be heard on March 26.
