The Allahabad High Court, on Sunday, in a special night hearing at the residence of the Chief Justice issued notice in a Public Interest Litigation registered suo moto, espousing the cause of the alleged gang rape of a lady head constable who was on duty inside the Saryu Express in the intervening night of August 30 and 31, 2023 by some unknown assailants.

The Bench of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava in its order stated that a WhatsApp message was received by Chief Justice at 3:25 pm on Sunday. Following this message, a direction was given to form this Bench at the residence of the Chief Justice at 8:00 pm to address this matter. The office of the learned Advocate General was also informed about the establishment of this Bench.

During the 8:00 PM hearing, a letter petition was presented by Advocate Ram Kaushik, who was advocating for the lady police victim, referred to as 'X'. The PIL provided details of the horrifying incident and the injuries sustained by 'X'. In addition to presenting certain facts, Kaushik also requested that the Court take suo moto cognizance of the grievous gang rape of 'X', who was on duty inside the Saryu Express train during the night of August August 30/31, 2023, by unknown assailants.

The Bench also took note of the submission that according to media reports, the alleged incident came to light when some passengers who boarded the Saryu Express from Ayodhya Junction around 4:00 AM discovered 'X' in a deplorable condition, lying in a pool of blood, unable to move, with a severe facial injury and other injuries. Kaushik pointed out that an FIR (First Information Report) bearing number 0029 of 2023, dated August 30, 2023, was registered on behalf of 'X's brother, invoking sections 332, 353, and 307 of the Indian Penal Code (IPC). He also argued that considering the gravity of the situation and 'X's physical condition, Sections 376/376D IPC should have been added to the FIR.

Accordingly, the Bench issued notice in the PIL and ordered "Registry to register aforesaid letter as a public interest litigation (criminal). Issue notice to Union of India through its Secretary, Ministry of Railways/Railway Board, New Delhi, Director General of Railway Protection Force (RPF), State of Uttar Pradesh through its Secretary, Ministry of Home and State Commission for Women, Uttar Pradesh. Notices be issued from the Registry. Learned ASGI, representing the Union of India may also be duly informed (physically and telephonically) about registration of this PIL. Put up this matter tomorrow, i.e. on 4.9.2023 at 12:00 noon."

In the PIL, it was also submitted by Advocate Ram Kaushik that the Railway Authorities have completely failed to implement the various safety measures involving the fundamental rights of women. Kaushik stated that the present incident clearly shows the utter violation of certain provisions of the Indian Railways Act. He further stated that moreover, the Railway Protection Force has also completely failed in the discharge of their duties and responsibilities in giving effect to the rules and regulations formulated for the protection of passengers. Additionally, he stated that the present incident is not only a crime against ‘X’/women but against the entire society and the same destroys the entire psychology of women.

Considering the submissions made, the Bench noted that "Looking to the seriousness of the matter, this Court thinks it appropriate to direct the office to register this letter as a public interest litigation (criminal)." The Court will now consider the matter at 12:00PM today.

Click here to read/download the Order


Chief Justice Pritinker DiwakerJustice Ashutosh Shrivastava

Ramey Krishan Rana