Entire tragedy stems from shared negligence by railway officials: Orissa High Court grants bail to railway workers accused in Balasore train crash.
The Orissa High Court granted bail to three railway officials linked to the Balasore train accident, which was found to be caused by the combined negligence of railway staff. The court noted that these officials, who are regular employees, have been in jail since July 2023. The investigation by the Central Bureau of Investigation (CBI) has concluded, and a final charge sheet was filed against them under various sections of the Indian Penal Code and the Railway Act. Justice Aditya Kumar Mohapatra stated that the tragedy stemmed from the negligence of railway personnel responsible for the signal system at BNBR Station. While the officials’ involvement remains uncertain, it cannot be assumed that they are solely to blame for the incident.
The accident occurred on June 2, 2023, at Bahanaga Railway Station, resulting in around 296 deaths and many injuries. Initially, the accused filed separate bail requests, which the trial court denied. They then sought bail together in the High Court, as their cases were related. The CBI opposed the bail, claiming the officials were responsible for maintaining the signal system that contributed to the accident.
The High Court observed that the severity of the crime, if it occurred, is significant, especially given the accident’s consequences. The key issue to resolve is whether the accident resulted from any criminal actions by the accused, meaning whether they had the intent to commit a crime, or if it was due to negligence by the railway authorities in managing the tracks and signals. The Court emphasized that the trial must address not only the criminal aspects of the incident but also whether the railway authorities fulfilled their duties according to established guidelines. The Court noted that if the authorities had been more diligent, the accident might have been prevented, potentially saving lives.
The Court also stated that it is not the prosecution’s claim that the Petitioners entered the Relay Room without permission. Their entry into the North Goomty and the alleged tampering with the circuit does not definitively prove that they are solely to blame for the incident. However, it does raise suspicions against them. Given that the evidence needed for the trial is highly technical, the Court decided not to make further comments that could influence the trial court’s judgment.
The Court noted that the investigation in this case is very important. Whether it is a criminal act that led to the deaths of many people or negligence by the Indian Railways and its staff, the extent of the damage is significant. Thus, the investigation needs to be thorough and wide-ranging, examining the actions of all officers involved in the signaling system. As a result, the High Court approved the bail applications.
Cause Title: Mohammad Amir Khan v. State Of Odisha (through CBI)
Appearance:
Petitioner: Advocates V. Subramoniam T.R. and Kedar Nath Tripathy
Respondent: Advocate Sarthak Nayak
