The Gujarat High Court has upheld the termination of nine Government Railway Police (GRP) personnel who failed to report for duty on the Sabarmati Express on February 27, 2002 — the day a mob set the train ablaze near Godhra, killing 59 people, mostly karsevaks returning from Ayodhya.
In a judgment delivered by Justice Vaibhavi D Nanavati, the court observed that the tragic incident “could have been prevented” if the policemen had boarded the assigned train instead of taking a different one due to delays.
“The petitioners made bogus entries in the register and returned to Ahmedabad by Shanti Express. If the petitioners had departed in Sabarmati Express train itself to reach Ahmedabad, the incident that occurred at Godhra could have been prevented,” the order stated, while rejecting their plea for reinstatement.
According to the case record, the nine GRP personnel — comprising three armed constables and six unarmed policemen — were part of a mobile patrolling unit tasked with boarding the Sabarmati Express from Dahod to Ahmedabad. However, upon finding that the train was running late, they opted to return via Shanti Express and falsely recorded that they had boarded the assigned train.
The bench noted that their absence not only reflected gross negligence but also sent misleading information to railway authorities by indicating that security was in place on the train.
The state government, which dismissed the personnel in 2005 after an internal inquiry, defended its action by highlighting the seriousness of the duty assigned, particularly since the Sabarmati Express was classified as a ‘Category A’ train — indicating a higher risk of untoward incidents such as chain pulling, altercations, and other crimes.
The High Court accepted the government’s arguments, noting that Category A trains require a specific deployment pattern, including three armed personnel with rifles and ammunition, alongside unarmed support.
“The petitioners admittedly having been assigned such important duty, have casually thought it fit, not to travel by the assigned train and travelled by Shanti Express,” Justice Nanavati observed.
Dismissing the petitions filed by the sacked GRP personnel, the court held that the state’s action did not warrant any interference and declined to invoke its extraordinary jurisdiction under Article 226 of the Constitution.
