Thane Sessions Court rules the Mumbra train tragedy was preventable and resulted from lapses by railway engineers | File Photo
Thane: In a strongly worded order, the Thane Sessions Court has refused to accept the defence of Central Railway engineers Vishal Dolas and Samar Yadav—accused in the Mumbra train mishap case—that the incident was a “mere accident.”
Instead, the court held that the tragedy, which killed five commuters and injured nine, stemmed from “knowing default or omission” on the part of the accused who were railway engineers and other railway officials.
Accident Preventable, Says Court
The court emphasised that the accident was preventable and occurred only because the railway authorities failed to rectify broken tracks and maintain the route, despite being fully aware of the massive peak-hour crowds that suburban trains routinely carry.
Court Calls Out Lapses Amid Overcrowded Local Train Reality
“India is an overpopulated country. Mumbai and its suburban area are highly dense. Local trains are an important mode of transport and usually overcrowded in peak hours. The accused were aware of this situation. In such circumstances, it has to be ascertained what safety measures the Railway Authorities were required to take for the crowd and their rights,” the order begins.
Committee Report Blaming Backpacks Termed ‘Flimsy’
The detailed 15-page order, accessed by The Free Press Journal, has criticised the five-member committee report relied upon by the railways, which blamed the mishap on overcrowding and the brushing of 30-cm-thick backpacks carried by commuters on opposite trains.
Theory Not Backed by Evidence, Says Court
The court observed that the theory was an apparent attempt “to give a clean chit” to the accused engineers and the railway department.
Backpack Theory Found Unsupported by Photos or Videos
“The contention that the incident occurred due to backpacks protruding outside is not supported by any photographs or video clips of that day,” the court noted. It also observed that passengers typically hang their backpacks in front while travelling on footboards, and no spot panchnama or submitted videos showed commuters carrying such bulky bags.
VJTI Report Shows Serious Track Lapses
Calling the committee’s conclusion “flimsy” and “unreasonable,” the court held that the theory did not align with ground evidence.
Technical Findings Highlight Major Maintenance Failures
On the other hand, the court placed strong reliance on the technical inspection report submitted by the Veermata Jijabai Technological Institute (VJTI), which outlined serious lapses in track maintenance.
Track Replacement Done Without Welding, Court Notes
According to the report, track 4 had been replaced 3–4 days before the accident, but no welding was done. “A 17 mm gap existed between the rails, causing severe jerking. The distance between Track 3 and Track 4 varied dangerously between 4,230 mm and 4,920 mm. Differences in “cant” (tilt) between the two tracks caused both trains to lean towards each other, reducing the clearance between coaches, “are the observations of the VJTI report.
Court: Accident Could Have Been Prevented With Timely Repairs
“All these deficiencies were later cured by the Railway Authorities. If they had been cured prior to the incident, this accident might not have happened,” the court observed.
Engineers Failed to Act Despite Caution Order
The court further noted that the accused engineers had obtained a caution order for maintenance of the tracks but failed to carry out the necessary repair work. The repairs were carried out only after the accident, which the court said “prima facie shows omission on part of applicants.”
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Custodial Interrogation Needed, Rules Court
Given the technical evidence and the alleged lapses, the court held that custodial interrogation of the accused was necessary for a thorough probe.
Anticipatory Bail Applications Rejected
On Thursday, the Thane Sessions Court formally rejected the anticipatory bail applications of the two engineers, holding that a detailed investigation was essential to uncover the full extent of responsibility in railway accident.
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