Odisha Train Accident: Lawyer Moves SC Seeking Setting Up Of Inquiry Commission Headed By Apex Court Judge

A PIL has been filed in the Supreme Court by Advocate Vishal Tiwari seeking a direction to the Centre for setting up an inquiry commission headed by a retired Apex Court judge to investigate the cause of the train accident in Odisha's Balasore district.

The plea states, "The Present Petition is filed under Article 32 of the Constitution of India for the judicial intervention to make the Railways of our Nation more safe and protected so that the Hundreds and Thousands lives of the people could be saved from the tragic Train Accidents which takes place in our Country after eery Interval of Time."

Further, it has also been stated that the accidents are unexpected and are out of control of the Human beings, but the measures and Arrangements which are in our control and which can avoid Train Accidents upto very extend shall be Implemented with all strength and in Speedy manner so that the people may not die an unexpected Death.

The Petitioner has further mentioned that the unfortunate and unwanted train accident in Odisha resulting in widespread deaths and injury of passengers making this incident as one of the deadliest and heinous train collision accident in India.

Additionally, the Petitioner while expressing concern has said, "India from the last few decades has seen a serious of train collisions and derailments causing severe sufferance to people of our country in the form of deaths and injuries of permanent nature. Time and again, the Respondent Authorities have been slow to provide redress in developing a safety enforcement mechanism against such collision and accidents."

It has also been mentioned, "The horrific and heinous accident happened, Whether any safety measures were imposed or not when the ShalimarChennai Central Coromandel Express, headed towards Chennai, derailed. It collided with a goods train on the adjacent track, causing the rear carriage of ddsthe Coromandel Express to veer off onto the third track. The Bengaluru Howrah Superfast Express, coming from the opposite direction on the third track, rammed into the derailed coaches. This incident received widespread sympathy and condolences from all over the world as it is one of the most heinous and massive train collision accident in India in last few decades."

The Petitioner has stated that the damage to public properties is widespread in such cases which ultimately is the loss of the taxpayer's money.

The plea submitted that non-implementation of Kavach system at the earliest has resulted in a massive loss of life and damage of public property which imputes direct liability of gross negligence and breach of duty of care by respondent authorities. The PIL submitted there is an absolute necessity of installing the Kavach protection system at the earliest without which no train movement should continue.

The enquiry commission headed by a retired apex court judge should conclude its probe in two months and try to examine the root cause of the accident and submit its report before the Apex Court, the plea said.

Tiwari, in his plea, said he is seeking specific directions to the Government for the enforcement of the Railway Accidents Protective measures and to strengthen such measures to avoid accidents in the future and safeguard the fundamental right of life and liberty under Article 21 of the Constitution.

"...therefore imposes a liability on the Respondent Authorities to impose strict mechanism pertaining to safety to reduce such chances and causes of accidents such as derailment and collision," the plea read.

Cause Title: Vishal Tiwari v. Union of India & Ors.