In a late evening gathering at his residence on Sunday, Chief Justice Pritinker Diwaker of the Allahabad High Court took suo motu cognizance of the assault on a female constable aboard a train. He promptly ordered notices to be served to both the Centre and the Railway Protection Force (RPF).
A division bench of Chief Justice Diwaker and Justice Ashutosh Srivastava on Monday reprimanded the Railway Protection Force (RPF) for its perceived failure in fulfilling its duties. The bench directed the Government Railway Police (GRP) to present a progress report on its inquiry into the case before the court on September 13, 2023.
Chief Justice Diwaker, having received a WhatsApp message concerning the case, conducted the proceedings at his residence at 8 pm on Sunday. He subsequently issued directives to form a bench comprising himself and Justice Srivastava.
The Case
The incident in question involved a female constable who was discovered in a grievous state, lying in a “pool of blood” with facial injuries inside a compartment of the Saryu Express on August 30, as reported by the GRP. Subsequently, she was admitted to a hospital in Lucknow, where her condition remains stable.
Following a written complaint filed by the constable’s brother, an FIR was lodged on August 30 under sections 332 (voluntarily causing harm to deter a public servant from performing their duties), 353 (assault or criminal force to deter a public servant from duty), and 307 (attempted murder) of the IPC.
During Monday’s hearing, Puja Yadav, Superintendent of Police (GRP) in Lucknow, along with the deputy SP (GRP), appeared before the court. Yadav informed the court that the victim’s statement under Section 164 of the CrPC could not be recorded due to her inability to provide a statement.
The GRP SP clarified that there was no evidence of rape concerning the female constable from the Uttar Pradesh Police, who was stationed in Sultanpur. Her injuries were limited to her head and face, she added.
When questioned about the circumstances surrounding the incident and the time at which it occurred, the SP could not provide a definitive response, suggesting that the incident likely transpired between the Ayodhya and Mankapur stations.
Despite lawyers boycotting court proceedings that day due to the Hapur incident involving a police lathi-charge on agitating advocates, a government lawyer attended the court’s proceedings.
The court emphasized, “The present incident clearly demonstrates a serious violation of certain provisions of the Indian Railways Act. Moreover, the Railway Protection Force has completely failed in discharging its duties and responsibilities as outlined in the rules and regulations established for passenger protection. This incident constitutes not only a crime against women but also an affront to society, profoundly affecting women’s psychology.”
Recognizing the gravity of the matter, the court decided to register this letter as a public interest litigation (criminal). Notices were issued to the Union of India through its Secretary, Ministry of Railways/Railway Board, New Delhi, the Director General of Railway Protection Force (RPF), the State of Uttar Pradesh through its Secretary, Ministry of Home, and the State Commission for Women, Uttar Pradesh.
During the hearing, it was disclosed that the incident came to light when passengers boarded the Saryu Express from Ayodhya Junction at approximately 4 am on August 30. The GRP further revealed that the female constable was discovered in a deplorable condition, unable to move and with a severe facial laceration.
A senior police official explained that the 47-year-old woman head constable, hailing from Soraon in Prayagraj district, was stationed in Sultanpur. Regarding the identity of the attacker or attackers, the official stated that the investigation was ongoing and reiterated that the injuries were confined to the head and upper neck.
Simultaneously, top officials from the Uttar Pradesh Police visited the injured woman constable, who was receiving treatment at King George’s Medical University (KGMU) in Lucknow. Director General of Police Vijay Kumar and Special DG (Law and Order) Prashant Kumar separately visited KGMU, with Principal Secretary (Home) Sanjay Prasad accompanying the Special DG to the trauma center at KGMU.
Prashant Kumar, in a video shared by UP Police, assured that senior officials promptly arrived at the scene upon receiving information about the incident. He noted the woman’s condition was initially serious but had since stabilized and improved. He added that her statement would be recorded as soon as she was able to speak.
He further stated, “Doctors have confirmed that she is now out of danger.” He clarified that while forensic evidence was being collected, there was no indication of sexual assault or sexual offenses in the investigation. The special DG affirmed the police department and railways would adhere to the directives issued by the high court in handling the case.
In another video shared by UP Police, Prashant Kumar offered reassurance to the woman constable, urging her “not to feel worried.”
