TMI Blog1983 (10) TMI 283X X X X Extracts X X X X X X X X Extracts X X X X ..... etermination by the Court was filed, leave to amend the writ petition was granted and notice thereon was issued on August 2, 1982. The petitioner alleged, inter alia, that the Railways in this country are owned by the Central Government and on account of failure to fulfil the constitutional, statutory and commercial obligations by the Railways, adequate safety protection to the passengers and their properties is not available. The Indian Railways Act, 1890 ('Act' for short) has prescribed several safety measures based upon experience, the Railway Board through which apex body the administration is run and controlled has also prescribed rules and issued instructions which are not being properly implemented. The Union Government had appointed three high powered Committees in the post-independence period, namely, the Kunzru, Wanchoo and Sikri Committees to investigate into the affairs of the Railways with particular reference to accidents and though detailed and useful recommendations have been made by these Committees, there has been no adequate implementation thereof. Particular reference has been made to the unmanned level crossings, increasing human error as a contributing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sings, observe and then proceed. Speed breakers are usually provided on the road approaches to all unmanned level crossing. With a view to educating the users of the roads wide publicity is given through newspapers, cinema slides, commercial broadcasting and the television about the hazards involved while negotiating unmanned level crossings. It has been alleged that unmanned level crossings are gradually being replaced by manned ones and improved technical gadgets are being provided for efficient operation. Relying on the Sikri Committee Report of 1978, it has been submitted that the State Governments appeared to be aware of their responsibilities in this matter and about 2/3 of the funds of the Safety Works, had been utilised by March 31, 1982. While admitting that in the initial period utilisation of funds was poor and finalisation of schemes for overbridges and underbridges was slow, the situation is claimed to have improved and in 1982-83 as many as 15 works in different States involving an expenditure of ₹ 22 crores have been cleared. ( 3. ) Dealing with manpower, the counter-affidavit asserts that direct recruits are given proper training required for the respective ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been stated that the Sixth Plan for the Railways has been termed as 'Rehabilitation Plan'. Overacted gadgets are intended to be withdrawn subject to availability of resources and manufacturing capacity within the country. The Planning Commission which is an expert body is responsible for fixing of the priorities. It has again been pleaded that there are nearly 120000 bridges on the Railways out of which 195 are important bridges and nearly 9400 are major bridges. It is said that every bridge is annually inspected and continuous record is maintained in regard to every bridge in the bridge register. On an average 400 to 600 bridges are annually built. Speed restriction is imposed on old and weak bridges and at present there are 202 such bridges. Figures of six years between 1977 and 1983 of the outlay on bridges have been provided which indicate substantial sums having been set apart for the rebuilding of bridges. It is said that the total life of 80 years for steel work and 100 years for masonry part of the bridges stipulated in the Railway Code is for the purpose of provision in the Depreciation Reserve Fund. The codal life does not have any direct relevance with the condit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accidents. He has also pleaded for enhancing the minimum compensation in the event of loss of life of a passenger arising out of accidents to a sum of ₹ 75,000/- by appropriate amendment of Section 82-A (2) of the Act. The petitioner has found fault with the counter-affidavit for being silent in regard to his plea for the appointment of Railway Inspectors to make periodical inspection of carriages, engines, tracks, etc. ( 9. ) The lis before us is not of the ordinary type where there are two contending parties, a claim is raised by one and denied by the other, issues are struck, evidence is led and the findings follow. Though the petitioner is a commuter of trains run by the Indian Railways, the writ petition is essentially in the nature of public interest litigation and the petitioner has attempted to voice the grievances of the community availing the services of the Indian Railways. In view of the recent pronouncements of this Court no objection has been raised in the counter-affidavit and we have not been called upon to adjudge the locus standi of the petitioner to maintain an action like this. ( 10. ) Railways came to India in 1853 and the first track to be laid wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the general budget and this historical practice has been continued till today. ( 13. ) Today the Railways provide the most effective means of transport both for passengers as also for the goods traffic. The Railways have a great impact in holding this great country together and in promoting and running its economy. Their contribution to the community is manifold - some seen and others not apparently visible. Briefly stated, it is a big force, the largest employer in the country and a monopoly transport agency. ( 14. ) Before we come to deal with the specific aspects raised in the writ petition and countered by the respondents certain general observations need be made. The Indian Railways are a socialised public utility undertaking. There is at present a general agreement among writers of repute that the price policy of such a public Corporation should neither make a loss nor a profit after meeting all capital charges and this is expressed by covering all costs or breaking even; and secondly, the price it charges for the services should correspond to relative costs. Keeping the history of the growth of the Railways and their functioning in view, the commendable view to a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... International Law Organisation had summed up the position thus: Throughout the world there is an acute crisis of confidence in integrity and fairness. This crisis of confidence lies at the heart of political instability, economic disorder, industrial disturbance, racial and religious conflict, cultural anarchy, youth unrest and continuous international tension. Disruptive in all these fields, it paralyses action to remove its causes. Burger, C. J. of the United States has said: We are approaching the status of an imperfect society where capability of maintaining elementary security in the streets, in the schools and for the homes of our people is in doubt. At every stage of the criminal process, the system cries out for change. ( 19. ) What has been extracted above appropriately summarises the current situation all the world over. No purpose is served by placing the blame at the doors of the Government of the day. We must have realism and candour. Independence has been secured at great cost and sacrifice. It is our obligation to maintain it and create an environment in which its fruits can be harvested and shared. ( 20. ) Freedom brings responsibility. There can be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a wail - as it were - the cry that no nation founded on injustice can permanently stand. ( 21. ) Having thus cleared the way by indicating the approach, ordinarily the powers of the Court to deal with a matter such as this which prima facie appears to be wholly within the domain of the Executive, should have been examined. Lord Simond in Shaw v. Director, Public Prosecution, (1961) 2 All ER 446 has observed: I entertain no doubt about there remains in the Courts of Law a residual power to enforce the supreme and fundamental purpose of the law, to conserve not only the safety and order, but also the moral welfare of the State and that it is their duty to guard against attacks which may be more insidious because they are novel and unprepared for. Mathew, J. in Murlidhar Aggrawal v. State of U. P., (1974) 2 SCC 472 at page No. 482, indicated: Public policy does not remain static in any given community. It may vary from generation to generation and even in the same generation. Public policy would be almost useless if it were to remain in fixed moulds for all time. If it is variable, if it depends on the welfare of the community at any given time, how are the Courts t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lity of situations, circumstances and environments in which every citizen can effectively exercise and enjoy those rights. The right to life has recently been held by this Court to connote not merely animal existence but to have a much wider meaning - to include the finer graces of human civilization. If these rights of the citizens are to be ensured, it is undoubtedly the obligation of the Union of India and its instrumentalities to improve the established means of communication in this country. Here again, however we need not express any opinion as we do not propose to give any directions to the opposite parties. No dispute regarding maintainability having been raised, that question also did not arise for consideration. ( 23. ) We have said earlier that the Railways are a public utility service run on monopoly basis. Since it is a public utility, there is no justification to run it merely as a commercial venture with a view to making profits. We do not know - at any rate it does not fall for consideration here - if a monopoly based public utility should ever be a commercial venture geared to support the general revenue of the State but there is not an iota of hesitation in us ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is involved, expertise is very much in issue, is not prudent and we do not, therefore, propose to issue directions. We however, do hope and believe that early steps shall be taken to implement in a phased manner the improvements referred to in the counter- affidavit and in our decision. ( 25. ) We think it proper to conclude our decision by remembering the famous saying of Henry Peter Broughan with certain adaptations: It was the boast of Augustus that he found Rome of bricks and left it of marble. But how noble will be the boast of the citizens of free India of today when they shall have it to say that they found law dear and left it cheaper; found it a sealed book and left it a living letter; found it the patrimony of the rich and left it the inheritance of the poor; found it the two edged sword of craft and oppression and left it the staff of honesty and the shield of innocence. It is only in a country of that order that the common man will have his voice heard. ( 26. ) The dream can become a reality if every citizen becomes aware of his duty and before asking for enforcement of his right, volunteers to perform his obligation. ( 27. ) And before we part, we mus ..... X X X X Extracts X X X X X X X X Extracts X X X X
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