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Synopsis

The Allahabad High Court in a late evening sitting on Sunday, September 3, 2023, took suo motu cognizance of the "gruesome incident" of the alleged gang rape of a woman police officer who was on duty, inside Saryu Express in the intervening night of 30/31 August.

The division bench of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava took note of a letter petition presented by Advocate Ram Kaushik espousing the cause of the prosecutrix (the woman cop/X).

Before the division bench which assembled at the residence of the Chief Justice at 8:00 pm on Sunday, Kaushik submitted that according to a media report, the alleged incident was brought to light when certain passengers, who boarded Saryu Express from Ayodhya Junction at about 4:00 am found the woman cop in a deplorable state, in a pool of blood, unable to move herself with a deep cut on her face and injuries on her body.

He argued that though based on a written complaint on behalf of the brother of ‘X’ an FIR under Sections 332, 353, and 307 of IPC had been registered, however, looking at the serious as well as physical condition of ‘X’, Sections 376/376D IPC should have also been added in the FIR.

Kaushik asserted that it was a case where the Railway Authorities had completely failed to implement the various safety measures involving the fundamental rights of women.

The present incident clearly shows the utter violation of certain provisions of the Indian Railways Act. 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, Kaushik argued. 

He stressed that this incident was not only a crime against ‘X’/women but against the entire society and which can destroy the entire psychology of women.

Looking at the seriousness of the matter, the court directed the high court office to register the letter petition as a public interest litigation (criminal).

Court issued 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.

Court directed that at the time of the hearing in the case, State shall place the case diary before the Court and the Investigating Officer will be required to remain present before the court.

The matter will be heard today at 4:00 p.m. 

Case Title: Suo motu PIL