BJP TODAY

September 16--30, 2004 - Vol. 13, No. 18

Lalu bamboozles PM to set up parallel inquiry into Godhra incident
Justice Rajendra Sachar says the appointment is “not straightforward”
By our special correspondent

It clearly demonstrates the success of the pressure tactics appointed by Railway Minister Lalu Prasad Yadav on the Prime Minister in making the Union Cabinet agree to set up a "High Level Committee" to go into the Godhra Carnage of Feb. 27, 2002 in which 56 Kar Sevaks returning from Ayodhya were bunt to death at the Godhra station of Western Railway in Gujarat.

The new probe panel has been named a "Committee", and not a "Commission". It is to be headed by a retired Supreme Court Judge U. C. Banerjee and three experts, one each in Electrical and Mechanical Engineering and Fire Service and a secretary to the committee.

The Gujarat Government has already set up the Nanavati-Shah Commission to go into this mishap under the commission of inquiry Act, 1952 and this panel is still investigating into it. It is with the objective of avoiding two Commission inquiring into the same accident that Lalu's panel has been named a Committees, and not a "Commission". It has to be ascertained if this nomenclature ("Committee") will stand judicial scrutiny if the matter is brought before a court. Also, the official announcement by the Ministry of Railways, does not mention under which Act, the High level Committee has been set up.

Describing the action on the part of the Union Cabinet as "not straightforward", Justice Rajendra Sachar, Retired Chief Justice of the Delhi High Court, wondered whether two retired supreme court judges would come into something like a confrontation while proceeding with the investigation.

Although Finance Minister P. Chidambaram had told the media after the cabinet meeting that the committee had been set up under section 11 of the commission of Inquiry Act, 1952.

He was speaking to a newsreader of DD News on the evening of Sept. 2 Hindi news bulletin (9 to 10 PM).

There is more. Lalu had told a DD correspondent, telecast in the same bulletin the railway ministry had not made any investigation into the incident of the burning down of coach S-6 of the Sabarmati Express. This statement not only demonstrates the ignorance of this "tainted" Minister, but is also mischievous with an attack on his predecessor and rival in Bihar politics, Shri Nitish Kumar who was in charge of the Railway Ministry at the time this incident had taken place.

According to section 113 of the Railway Act 1989, and the Statutory investigation into Railway Accidents rules 1998, issued by the Ministry of Civil Aviation and Tourism, "a statutory inquiry by the Commissioner of Railway safety is obligatory in every serious accident to a train carrying passengers which is attended with loss of human life or with grievous hurt as defined in the penal code..."

However, when a commission of inquiry is set up by the Union Government under the Commission of Inquiry Act, 1952 to go into such an accident, the Commissioner of Railway Safety (CRS) discontinues his inquiry. (Lalu Yadav may see pages 46-47 of the volume "Indian Railways, Safety Performance, 2002-2003" which he himself had tabled in the Lok Sabha on July 6, 2004 for verifying these rules and laws.)

One has also to tell Lalu Prasad that cases of serious accidents are not inquired into by the Railways. The CRS act under the Ministry of Civil Aviation, not the Ministry of Railways.

We reproduce here a copy of the official announcement.

“High Level Committee to inquire into incident of Fire in 9166-Sabarmati Express Train on February 27,2002

The Ministry of Railways have decided to constitute a one-man High Level Committee to inquire into the incident of fire in 9166-Sabarmati Express train that took place on 27th February 2002 at Godhra Railway Station. The one-man High Level Committee shall consist of Shri Justice U.C. Banerjee, retired Judge of the Supreme Court of India. He shall be assisted by three Experts - one each in Electrical Engineering, Mechanical Engineering and Fire Services and a Secretary to the Committee.

The Committee shall examine various aspects of the incident, including to ascertain the precise cause of fire in coach S-6 of Sabarmati Express and acts of commission and/or omission responsible for the cause of fire and to fix responsibility for the same. The Committee shall also inquire into the developments and circumstances that took place on the train after it left Muzaffarpur and before it reached Godhra and may have contributed to the fire, adequacy of fire retardant features of railway coaches and fire fighting measures, as also preparedness and actual response with respect to rescue and relief operations.

The Committee is required to submit its findings within a period of three months.”

These are the terms of reference of the "Committee"

To ascertain the precise cause of fire in coach S -6 of Sabarmati Express on 27th February 2002, and to recommend suitable measures to prevent such incidents.

To ascertain the events, developments and circumstances that took place after the train left Muzaffarpur on 25th February 2002 and before it reached Godhra and beyond (including the States of Bihar, Uttar Pradesh and Madhya Pradesh) and if those causes individualy or coincidently contributed to the fire.

To ascertain why the said train including S-6 coach was overcrowded with passengers many of whom were without reservation and their behaviour in any manner contributed to the fire.
To ascertain if there was any wrongful act neglect or default on the part of the officials and workmen of the railway administration and its security staff but for which such large-scale loss to life and property could have been averted.

To ascertain any other probable internal and external factors and/or aggravating circumstances that may have led to the tragedy.

To ascertain acts of commission and/or omission responsible for the cause of fire and to fix responsibility for the same, individually or collectively.

To examine the adequacy of the fire retardant features of railway coaches and fire-fighting measures with a view to inducting a superior technology and to suggest safeguards for prevention of fire on trains and at railway stations.

To examine the preparedness and actual response with respect to rescue and relief operation in S-6 and recommend measures for improving the quality of response in such situations.