Move to omit Sec 304 to weaken case: Rights body

PK Jaiswar

Tribune News Service

Amritsar, July 11

Even as the special investigation team (SIT) of the Government Railway Police (GRP) submitted a challan in the court in the 2018 train tragedy case, questions are being raised over the move.

Though an FIR was registered under Sections 304 (culpable homicide not amounting to murder) along with 304-A (causing death by negligence) of the Indian Penal Code (IPC), the GRP has filed the challan just under Section 304-A.

‘Challan filed under bailable offences’

Though police and MC officials will face the music from their respective departments for criminal negligence, the organisers will go scot-free as the challan has been filed under bailable offences. — Sarabjit Singh Verka, Member, Punjab Human Rights Organisation

The Punjab Human Rights Organisation (PHRO), an NGO headed by retired Justice Ajit Singh Bains, pointed out that the development would weaken the case against the culprits. In December 2019, the PHRO had filed a plaint with the Commissioner of Police and the GRP for nominating the accused in the FIR.

Sarabjit Singh Verka of the PHRO said the GRP’s decision to omit Section 304, IPC, in the challan would benefit the accused. “Though cops and MC officials will face the music from their respective departments for criminal negligence, the organisers will go scot free as the challan has been filed under bailable offences,” he said.

The SIT has nominated seven members of the organising committee, including Saurav Madaan, alias Mithu Madaan, an aide of former Cabinet minister Navjot Singh Sidhu in the case. Other members named in the FIR include Rahul Kalyan, Deepak Kumar, Karan Bhandari, Kabal Singh, Deepak Gupta and Bhupinder Singh.

The SIT found that the organisers held the event without the mandatory permissions and safety measures. They had held the programme at Dhobi Ghat that lacked space to accommodate a huge gathering.

Sukhwinder Singh Malhi, SHO, GRP, who was also a part of the SIT, said the investigation into the case did not prove the charge under Section 304 (culpable homicide). Hence, the challan was filed under Section 304A and other relevant sections.