Disposed

George Vattukulam v. Union of India

Kerala HC12 Apr 2023WP(C)/13262/2023

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition seeking directions to install CCTV cameras in all train compartments following a train arson incident. The Court held that such installation is a policy decision and relied on prior measures taken by the Railways for passenger safety.

What did the court decide?

The writ petition was disposed of; no specific direction for CCTV installation was granted.

George Vattukulam Vs Union of India — Constitutional and Fundamental Rights | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
WP(C) NO. 13262 OF 2023

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PETITIONER/S:

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GEORGE VATTUKULAM
AGED 61 YEARS
S/O JOSEPH, VATTUKULAM HOUSE
RAMAVARMAPURAM , P.O KUTTUMUKKU
THRISSUR DISTRICT., PIN - 686670
BY ADVS.
SACHIN RAMESH
ASADU AHMMED CHULLINTE
ARAVIND T RAMESH

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RESPONDENT/S:

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1 UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF RAILWAYS, NEW DELHI., PIN - 110001

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2 INDIAN RAILWAYS REPRESENTED BY ITS GENERAL MANAGER, NEW DELHI., PIN - 110001

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3 SOUTHERN RAILWAYS REPRESENTED BY AREA MANAGER, OFFICE OF THE AREA MANAGER, SOUTH ERNAKULAM., PIN - 685012

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4 PRINCIPAL CHIEF SECURITY COMMISSIONER SOUTHERN RAILWAY, PARKTOWN, CHENNAI - 600003 CHENNAI., PIN - 600002

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5 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695036

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6STATE POLICE CHIEF
POLICE HEADQUARTERS,
VAZHUTAKKAD THIRUVANANTHAPURAM., PIN – 695010
R BY ADV.JAISHANKER V.NAIR, CGS

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 13262 OF 2023 ..2..

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JUDGMENT

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S. Manikumar, C.J.

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Instant writ petition is filed for the following reliefs:

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“(i) To issue a Writ of a Mandamus or any other appropriate writ, order or direction, directing the respondents to install CCTV cameras in every Compartments of trains in an expeditious time bound manner to ensure safety of passengers;

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(ii) To issue a Writ of Mandamus or any other appropriate writ, order or direction, to the Respondents to do the necessary to render the trains safe for passengers.”

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Petitioner who claims to be a social worker and public spirited person has approached this Court for a direction to the respondents to install CCTV cameras in all the compartments to ensure the safety of train passengers.

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WP(C) NO. 13262 OF 2023 ..3..

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3.Short facts leading to the filing of the writ petition are

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as follows:

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The petitioner states that, in a bizarre incident, an unidentified person splashed inflammable substance inside a train compartment and set ablaze the running train when it reached Elathur at 9 p.m on 02.04.2023.As a result, three people were killed and several others sustained burn injuries. The petitioner states,that if CCTV cameras were installed,they could have identified the culprit and ensured the safety of the passengers.

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Installation of CCTV cameras in every compartments of trains is duly a policy decision of the Government. Nevertheless, as regards the safety of the passengers, this Court, in W.P.(C) No.11861 of 2021, after recording the statement filed on behalf of the Indian Railways, disposed of the writ petition directing the General

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WP(C) NO. 13262 OF 2023 ..4..

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Manager, Indian Railways to periodically review the steps undertaken by Railways. The measures taken to prevent crime against passengers on railways, especially women passengers, recorded therein are reproduced as below:

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“a) RPF escort is provided in selected Mail/Express/Passenger Trains between 6 pm and 6 am according to its vulnerability to ensure safety and security of passengers. Officers in the rank of Inspector, SubInspector and Assistant Sub- Inspectors are deputed for performing train escort.

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b) Special Squad consisting women RPF staff are formed time to time under the supervision of women Sub-Inspector and they are utilized for train escort duty between 6 pm and 6 am in vulnerable passenger trains for ensuring safety and security of women passengers.

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c) "MERI SAHELI", an initiative to provide end to end safety and security of women has been introduced focusing women passengers travelling alone.

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d) An effective Crime Prevention and Detection Squad (CPDS) is functioning round

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WP(C) NO. 13262 OF 2023 ..5..

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the clock covering trains and important railway stations in order to prevent/detect crime against passengers, especially women passengers and keeps an eye on ladies coaches. This team is under the direct supervision of one Inspector of RPF.

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e) Train escort staff has been instructed to make close watch over the activities of suspected persons/antisocial elements in trains and station premises in order to ensure safety of passengers.

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f) Integrated Security System has been implemented in major stations. CCTV cameras have been installed under "Nirbhaya Scheme” in majority of stations for proper surveillance and to prevent crime against passengers. Steps are taken for Installation of CCTV cameras in rest of the stations as well.

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g) CC TV cameras are fitted in about 178 coaches and fire detection systems are provided in about 362 coaches.

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h) Co-ordination meetings are organized with Government Railway Police, Local Police and other security agencies and state government agencies for exchanging of information and to curb crimes.

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i) Joint combing operation by RPF, Government Railway Police, and other

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WP(C) NO. 13262 OF 2023 ..6..

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security agencies is being carried out on a regular basis in trains and railway premises to ensure general security.

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j) Extensive passenger awareness programmes are being conducted in trains and railway stations, duly issuing pamphlets to educate rail users against theft, robbery, drugging etc.

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k) All India Railway Helpline No.139 is functional on pan India basis for the use of passengers in need of any assistance while on travel.

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l) Rail Madad, Twitter and CPGRAM online platforms are available for passengers for immediate lodging of complaint and assistance while on travel.

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m) Body worn cameras are being utilized for covering train escort parties and special duties on daily basis.”

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WP(C) NO. 13262 OF 2023 ..7..

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The same shall form part of this judgment as well. Notwithstanding the disposal of the writ petition,it is open to the Railways to take appropriate decision.

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With the above observations, writ petition is

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disposed of.

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Sd/- S.MANIKUMAR CHIEF JUSTICE

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Sd/- MURALI PURUSHOTHAMAN JUDGE

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WP(C) NO. 13262 OF 2023 ..8..

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APPENDIX

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE NEWS REPORTED IN THE
HINDU DATED 03/04/2023

George Vattukulam v. Union of India

Case brief

What is this about?

What did the court decide?

George Vattukulam v. Union of India

Case brief

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