The Calcutta High Court has directed the general managers of all railway zones across India to enforce the maximum permissible penalties against travelling ticket examiners who illegally sell vacant berths to passengers. The directive follows a ruling in a 2009 case where an unauthorized passenger transaction led to a robbery and a fatal poisoning on a train.
A division bench comprising Justice Rajasekhar Mantha and Justice Biswaroop Choudhury ruled that unauthorized berth allocations by railway staff directly facilitate onboard crimes. The court’s decision arose from an appeal involving two passengers who boarded the Teesta Torsa Express from New Jalpaiguri to Sealdah in February 2009 using unreserved tickets. After bribing a travelling ticket examiner (TTE) to secure berths, the passengers were drugged and robbed by thieves. One passenger, Sunil Kumar Das, died due to complications from the administered sedative, while the other, Arun Chakraborty, survived after a nine-day hospital stay.
Court Links Staff Negligence To Onboard Crime
The High Court sharply criticized the conduct of TTEs, stating that the practice of selling unoccupied berths like vegetables in a market is the root cause of such crimes. The bench expressed grave concern over the dereliction of duty by the multiple ticket examiners who managed the train during its journey to Sealdah, noting that they failed to prevent or address the unauthorized occupancy of the berths.
According to the court, there are numerous unreported cases where such illicit transactions have led to severe medical consequences for victims of theft. The bench forwarded copies of its judgment to the general manager of Eastern Railway and all other national railway zones to ensure strict disciplinary action and maximum penalties for offending staff.
Investigation Lapses Lead To Overturned Murder Charges
Despite the gravity of the incident, the High Court overturned the murder convictions of the two accused, Aloke Ghosh and Gopal Mistry. In July 2017, a Sealdah sessions court had sentenced both men to life imprisonment for murder, alongside a seven-year sentence for administering poison, and additional terms for theft and attempted murder.
However, the division bench ruled that the murder charges were not proven due to significant loopholes and inadequate police investigation. Crucially, the investigating officer failed to send the deceased passenger’s viscera to the Forensic Science Laboratory (FSL) or secure a forensic report, an omission the High Court termed inexcusable.
Sentences Reduced And Convicts Released
As a result of the missing forensic evidence, the High Court determined that the appellants could only be convicted under Section 328 of the Indian Penal Code for causing hurt by means of poison, which carries a maximum sentence of seven years.
Because Ghosh and Mistry have already served 10 and 16 years in prison respectively, and are currently out on bail, the court ordered their immediate release. They are required to execute a bond to the satisfaction of the trial court, which will remain active for six months. Additionally, the bench called on police authorities to execute more diligent and sincere investigations to safeguard the lives of train passengers.
