Court Finds Lack of Evidence and Application of Mind in Charges Under Railways Act
In a significant legal development, the Karnataka High Court has quashed the proceedings against Sri Mohammed Haris Nalapad, a prominent member of the Congress party, under various sections of the Railways Act, 1989. The case, registered as C.C.No.32925/2022, involved charges of squatting on railway tracks, obstructing the movement of trains, and raising slogans against Central Government policies.
The court, presided over by Justice M. Nagaprasanna, delivered the judgment on February 9, 2026, addressing the writ petition filed by Nalapad. The petitioner challenged the cognizance taken by the magistrate court under Sections 145(c), 147, 154, and 174(a) of the Railways Act, arguing that the accusations lacked the essential ingredients required for such charges.
The incident in question occurred on July 27, 2022, when members of the Congress party, led by Nalapad, staged a protest at Whitefield railway station in Bengaluru. The protest involved squatting on the tracks in front of train No.01773, leading to a 39-minute delay. The Railway Protection Force subsequently filed a charge sheet against Nalapad and others.
Justice Nagaprasanna highlighted that the magistrate's order taking cognizance of the offences did not demonstrate the necessary application of mind. The judgment emphasized that there was no specific allegation of endangering passenger safety or damaging railway equipment, crucial elements for invoking Sections 154 and 174(a) of the Railways Act.
Referring to a similar case decided by the Himachal Pradesh High Court, the judgment underscored that the mere act of squatting and causing a delay did not meet the legal criteria for the alleged offences. The court concluded that the proceedings were initiated without sufficient prima facie evidence and quashed them accordingly.
This judgment marks a notable victory for Nalapad, as it underscores the importance of judicial scrutiny in cases involving public demonstrations and the invocation of stringent legal provisions. The court's decision reinforces the necessity for law enforcement agencies to ensure that charges are substantiated by clear evidence and adhere to the statutory requirements.
Bottom Line:
Railways Act, 1989 - Invocation of Section 154 regarding endangering safety of passengers or damage to railway equipment - Held, mere squatting on railway track causing delay to train does not constitute offence under Section 154 or Section 174(a) as ingredients of these sections are absent.
Statutory provision(s): Sections 145(c), 147, 154, and 174(a) of the Railways Act, 1989; Section 190 of the Criminal Procedure Code, 1973
Sri Mohammed Haris Nalapad v. State, (Karnataka) : Law Finder Doc id # 2861303
