'Sell empty berths like vegetables'| Calcutta HC slams rail TTEs and police over berth bribery

Holding that a section of the travelling ticket examiners (TTEs) sell unoccupied berths in trains like "vegetables in a market", the Calcutta High Court asked the general managers of all railway zones in the country to ensure maximum available penalties for offenders, as such an incident resulted in the death of a drugged theft victim. Two men, who boarded the Teesta Torsa Express with unreserved tickets on their way from New Jalpaiguri to Sealdah in February, 2009, got berths by paying off a TTE and were subsequently drugged by two criminals for robbing them of their valuables, the court noted. One of them, who had comorbidities, died from the sedative administered to him.

"This court is constrained to refer a copy of the judgment to the general manager of the Eastern Railway and other railways (zones) in the country to ensure the maximum available penalties for TTEs who sell empty berths in trains like vegetables in a market," a division bench presided by Justice Rajasekhar Mantha said. Holding that such conduct resulted in the death of one of the passengers who was only a victim of theft, the court observed, "There are several cases galore not reported that have, in fact, resulted in very serious medical consequences for victims of petty theft." "The origin of such crimes is in the hands of the TTEs," the division bench, also comprising Justice Biswaroop Choudhury, held in a judgment delivered last week.

The court also came down heavily on the police over "several loopholes" in the investigation and the prosecution case, observing, "It is expected that the police authorities take more sincere, diligent and devoted steps to conduct investigations so that the life and liberty of travelling passengers are more secure in the Indian Railways". In the incident, two persons, Aloke Ghosh and Gopal Mistry, were convicted by the trial court and sentenced to life imprisonment for murder (Section 302) and seven years in prison for causing hurt by means of poison and intoxicating drugs (Section 328) of the Indian Penal Code (IPC), apart from theft and attempt to murder of the survivor, with all sentences to be served concurrently. Observing that the appellants could at best be convicted for seven years under Section 328, the division bench partially allowed their appeals against their conviction by holding that the charges under the other sections framed against them "are clearly not proved". The court noted that Ghosh and Mistry are currently on bail after serving 10 and 16 years, respectively. Making these observations, the division bench directed that the appellants be set at liberty upon execution of a bond to the satisfaction of the trial court, which will remain in force for a period of six months.

Ghosh and Mistry were convicted on July 10, 2017 and sentenced the next day by the Sealdah sessions court. Holding that the investigation in the case was inadequate, the division bench, after hearing the appeals by the two convicts, said that the investigating officer had not collected the forensic science laboratory (FSL) report of the victim's viscera. The court said there is no evidence to indicate that the viscera was at all sent to FSL, observing, "The lapse on the part of the investigating officer is rather inexcusable." The division bench said that serious dereliction of duty of the TTE, who allotted berths to the two passengers without prior reservation and the other TTEs preceding and succeeding him all the way to Sealdah station while on duty aboard Teesta Torsa Express from New Jalpaiguri to Sealdah "is a matter of grave and serious concern".

"TTEs often allot berths at the earnest request of passengers who willingly pay money therefor," the court observed. The division bench held that lapses of the TTEs in the Indian Railways is primarily the reason for the crime in question to have occurred. Two passengers -- Arun Chakraborty and Sunil Kumar Das -- had boarded the train with an unreserved ticket in February 2009 as per the practice they were used to, and secured berths after bribing the TTE concerned, the court noted. They were drugged and robbed of their valuables. Chakraborty survived after nine days of hospitalisation, while Das died.