Balasore accident | Composite negligence by railway authorities to be blamed for Bahanaga Bazar accident: HC

“The railway tragedies were happening frequently due to defective signalling system or failure to maintain the signalling systems properly”

The court, however, granted conditional bail to three railway employees stating that there was no conclusive evidence to suggest that they were completely responsible for the tragedy

BHUBANESWAR: The Orissa High Court has attributed the one of India’s #deadliest #Train-accidents, which claimed lives of 296 passengers in #Balasore district last year, to #composite-negligence by the #Railway authorities who failed in upkeep, maintenance, and proper functioning of the #signalling system at the Bahanaga Bazar railway station.

The High Court, however, granted conditional bail to three railway employees who were investigated for their alleged lapses in duty stating that there was no conclusive evidence to suggest that they were completely responsible for the tragedy.

“The petitioners’ [three employees’] entry into the North Goomty and the #tampering with the #circuit in North Goomty, which is the bone of contention of the prosecution, does not conclusively indicate that the #petitioners are solely #responsible for the tragedy,” the court observed.

The High Court said, “the role of the #StationMaster of the #Bahanaga Bazar station was not inquired into properly by the investigating agency, Central Bureau of Investigation (#CBI).”

Adjudicating the bail applications moved by the three employees, Justice Aditya Kumar Mohapatra said, “on a wholesome consideration of the entire incident, this court is of the view that the entire #tragedy is a result of a composite negligence on the part of the railway personnel/officials/executives, who were responsible for the upkeep, maintenance and proper functioning of the signalling system at the Bahanaga Bazar railway station.” The bail is granted as the #CBI has concluded its investigation.

“It is without doubt that the role of the present petitioners in the present incident is shrouded in the clouds of doubt and no satisfactory answer is coming forth from them. However, at this stage, it cannot be presumed that these petitioners are solely responsible for the alleged tragedy,” the High Court said.

‘Could have been averted’

“There is no doubt that had the authorities been more careful and sincere in discharging their duties, the #accident could have been averted, thereby saving the human lives lost,” the judge observed.

Pointing out that the investigation in the case assumed more significance, Justice Mohapatra said, “be it a criminal act causing death of hundreds or a negligence on the part of the #IndianRailways and its officials and employees, one thing is for certain; the magnitude of the damage in the present case is huge. Therefore, the investigation is required to be broad-based and comprehensive, taking within its sweep the conduct of every officer involved in the signalling system.”

The court noted that the railway tragedies were happening frequently due to defective signalling system or failure to maintain the signalling systems properly. “It becomes incumbent upon both the railway authorities as well as the investigating agency [CBI] to go deep into the matter and to find out not only the #criminal angle involved in the alleged occurrence but also the #negligence [if any] on the part of the railway technicians, engineers and executives who are involved in the process of #maintenance of railway #tracks and #signal-system. These types of incidents, occurring so often, cannot be taken lightly,” the judge said.

#Courtesy: The Hindu – “Balasore train accident | Composite negligence by railway authorities to be blamed for Bahanaga accident: Orissa HC”