The Delhi High Court on Wednesday declined to entertain an application filed by multiple individuals seeking to intervene in an ongoing public interest litigation concerning the stampede that took place at New Delhi Railway Station on February 15.

A division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela granted the impleaders liberty to pursue appropriate legal remedies. The Court observed that intervention in the PIL was not permissible and advised them to file separate petitions for their individual grievances. 

The application was filed by individuals who were scheduled to board the train on the day of the incident but were unable to do so. They sought intervention after not receiving a reimbursement for their 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.

The Court noted that the maintainability of any petition filed by the individuals seeking damages under private law would be considered when such a petition is formally brought before the Court. 

Justice Tushar Rao Gedela further remarked that it would be more appropriate for the impleaders to pursue the legal remedies available to them. “If you file a writ, we will examine it,” he added.

“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 representing the impleaders withdrew the application and sought liberty to pursue appropriate legal remedies for addressing their grievance.

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

The PIL, filed by the organization Arth Vidhi, highlighted the ineffective implementation of provisions under the Railways Act, particularly Sections 57 and 147.

Section 57 mandates that railway administrations fix the maximum number of passengers allowed in each compartment and display this information prominently in Hindi, English, and regional languages. Section 147 is a penal provision that prescribes imprisonment of up to six months, a fine, or both for unauthorized entry into any part of a railway.

Last month, the Bench had sought a response from the railway authorities on the PIL, observing that proper enforcement of these legal provisions might help prevent incidents like the recent stampede.

The case is fixed for hearing on March 26.

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