Orissa High Court

Cuttack, Dec. 7: A human rights activist has filed a contempt petition against the railway board chairman.

In August 2012, advocate Prabir Kumar Das had filed a PIL before Orissa High Court seeking direction for the Indian Railways to pay compensation for 14 deaths. The mishap took place when an express train ran over an autorickshaw at Khairpalli unmanned level crossing near Sambalpur on August 24, 2012.

The court had then directed the railways to pay compensation of Rs 5 lakh to the family members of each of the deceased within two months from November 26, 2012. It had also directed the railways to eliminate all unmanned level crossings in the country within six months.

“The railways authorities have neither complied with the orders/directions in the judgment nor furnished any compliance report as directed by the court. The non-compliance/non-implementation of the orders/directions amounts to wilful and deliberate violation resulting in the contempt of the court,” Das contended in his petition seeking proceedings under the Contempt of Courts Act. The contempt petition named as opposite parties railway board chairman (New Delhi) Arunendra Kumar, general manager of the East Coast Railway (Bhubaneswar) Rajiv Vishnoi and divisional railway manager (Sambalpur) Debraj Panda.

The court on Thursday dismissed the railways’ petition seeking more time to implement the order as a review petition challenging the judgment had been filed.

The court had, in its November 26, 2012 judgment, said: “Admittedly in this case Champa Bhoi, Pooja Bhoi, Gouri Sahu, Madam Sahu, Anu Bhoi, Bharati Bhoi, Buli Bhoi, Khatkuri Bhoi, Jayanti Bag, Ahalya Badhei, Dukhi Pradhan and Sanjukta Rout so also the driver of the ill-fated auto Satya Narayan Nath died because of the accident. Thus, it would just and proper to award compensation of Rs 5 lakh each to the aforementioned persons who have lost their life in the accident. They are also entitled to get interest at the rate of 6 per cent per annum on the compensation amount from the date of presentation of the writ petition (August 28, 2012).”

The court had also directed payment of compensation to five persons injured in the accident — Subashini Rana (Rs 1 lakh), Hemalata Bhoi (Rs 25,000), Brundabati Bhoi (Rs 25,000) and Rs 5,000 each to Nirupama Bhoi and Mohini Bhoi along with 6 per cent interest per annum.