NATIONAL HUMAN RIGHTS COMMISSION
4.132 A complaint by Shri R.H. Bansal, a human rights activist disclosed a train dacoity in
Maurya Express on 16.8.2014 near Hathidah Railway Station, District Patna, Bihar in which 2
persons were shot dead and 4 others were injured. According to the complainant, this happened
due to negligence in the security arrangements.
4.133 The reports dated 20.11.2014 and 14.11.2014 received from the Deputy Director, Safety
(Crime), Railway Board, and the SP, Railway, Patna, respectively, confirmed the incident.
However, these reports say that only 2 persons were shot dead by the dacoits and no passenger
was injured. FIR No. 24/14 dated 17.08.2014 u/s 302/394/34 IPC and Section 27 of the Arms
Act was registered on the incident at Railway PS, Mokama. During investigation, 10 accused
persons were arrested and after completion of the investigation, a charge sheet dated 12.11.2014
u/s 396 IPC was filed in the Court. Members of the escort party of the GRP were placed under
suspension after the incident and were punished with forfeiture of six months increment.
4.134 On consideration of these facts of the case, the Commission issued a show cause notice
u/s 18(a)(i) of the PHRA, 1993, to the Chairman, Railway Board which was responded to by the
ASC/Security (Crime), Railway Board, vide his communication dated 13.1.2017. It was stated that
the incident is covered under the definition of ‘untoward incident’ u/s 123/C (ii) of the Railways
Act, 1989 and that there is provision of maximum compensation of ` 4,00,000/- (Rupees Four
Lakh only) for the death of each bonafide passenger. Dependent of the victim is required to file
a claim application u/s 109 & 125 of the Railways Act, 1989 before the Railway Claims Tribunal.
Hence, the Commission should remit the case to the Railway Claim Tribunal for adjudication
and compensation.
4.135 The Commission considered the response to the show cause notice. “Right to life” is
included in the meaning of “human rights” as per Section 2(1)(d) of the Protection of Human
Rights Act, 1993. As per Section 12 of the Act, negligence in the prevention of such violation
of the human rights by a public servant can be taken cognizance of and inquired into by this
Commission. As per Section 18(a)(i) of the Act, if the inquiry discloses the Commission of
violation of human rights or negligence in the prevention of violation of human rights by a
public servant, the Commission may recommend to the concerned Government or authority to
make payment of compensation or damages to the complainant or to the victim or the members
of his family as the Commission may consider necessary.
4.136 In the case in hand, the Commission found after inquiry that a breach of human rights
has occurred as the escort party present in the train in question committed dereliction of duty
in preventing the incident. They have already been punished departmentally for negligence.
Hence, the Commission can recommend suitable compensation to the next-of-kin of the two
victims, notwithstanding the provisions of the Railways Act, 1989, referred to by the Railway
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ANNUAL REPORT 2016-2017