On November 13, the Railways deposited Rs 8,92,953 in her bank account after an extensive, court-monitored effort to establish contact with her.
A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi noted the difficulties in locating Devi, whose whereabouts had become unclear after her local counsel’s death. “A smile on a poor person’s face is what we want to earn, nothing else,” the Chief Justice remarked while acknowledging the “young lawyer” who represented the woman pro bono and the efforts of the Railways and the local administration.
Advocate Fauzia Shakil, who had taken the matter to the Supreme Court without charging a fee, told The Indian Express that Devi came from “the lowest strata of society” and had “barely basic resources”. Shakil said she was contacted after the Railway Claims Tribunal and the Patna High Court rejected Devi’s compensation claim.
“Her lawyer reached out to me, saying I should put her case in the Supreme Court. Since she came from a very poor background, I didn’t charge for the case,” Shakil said.
However, when the pandemic broke out, contact with Devi was lost. “When Covid came, I lost contact with her local lawyer, who in turn had lost contact with Sanyokta. Later, it became very hard to track her because she couldn’t be reached at the mentioned address, and the court order could not be implemented.”
Shakil said that locating Devi eventually became possible only because of the directions of Justice Surya Kant. “He kept devising new ways to locate her. Otherwise, who puts in so much effort to find someone just to implement court orders? It is an example of last-mile access to justice.” She also acknowledged the assistance of Additional Solicitor General Brijender Chahar.
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Devi’s husband, Vijay Singh, held a valid ticket to travel from Bakhtiyarpur to Patna on March 21, 2002, by the Bhagalpur-Danapur Intercity Express. He reportedly fell from the train at the originating station due to the heavy rush and died instantly.
Her claim was dismissed by both the Tribunal and the Patna High Court, which concluded that Singh was of “unsound mind” and might have been hit by an unidentified train.
In February 2023, the Supreme Court set aside the findings as “completely absurd”, “imaginary”, and contrary to undisputed records. It held that if the deceased had been of unsound mind, it would have been “nearly impossible” for him to buy a ticket or attempt to board a train. The court directed the Railways to pay Rs 4 lakh with 6% annual interest within two months.
However, Devi could not be reached, as her local lawyer had died before conveying the order to her. “The Railways repeatedly attempted communication but faced returned letters due to an incorrect village name and spelling errors in records,” Shakil said.
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She added that despite this, the court kept listing the case in office reports. The Eastern Railway was asked to issue notices in two widely circulated regional newspapers, in English and Hindi, explaining that Devi’s claim had been accepted and that she could receive compensation upon verification.
Shakil said, “Despite publication of the notice, she didn’t approach the Railways nor send documents for the release of the compensation.”
“The court then directed the local police to physically verify her whereabouts. Railways was asked to obtain reports from her last-known address and from areas around the accident site.”
“After great efforts,” Shakil said, authorities discovered that the claimant’s village had been wrongly recorded, causing all previous communication to fail.
“There had been a spelling mistake,” she explained.
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Then, local police, with the help of Railways officials, identified the correct village and located Devi and her family. “Railways staff then visited her residence along with the local police, collecting her Aadhaar, PAN, Gram Panchayat certificate and other documents. Panchayat representatives, including the sarpanch, verified her identity,” the lawyer said.
Initially, Devi could not provide bank details, but she later sent them by Speed Post on November 10.
Following the submission of documents, the Supreme Court directed that the compensation be deposited under police supervision. The SHO of the local police station was asked to accompany Railways officials to ensure a seamless transfer.
The Railways informed the court that the amount of Rs 8,92,953 was deposited in her bank account on November 13.
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“This young lawyer… ensured that she gets the compensation after 23 years,” CJI Surya Kant said in court while commending Shakil’s efforts. The Bench also recorded the Railways’ attempts as an example of diligent compliance and coordination between agencies to secure justice for a vulnerable claimant.
“It was only possible due to Justice Surya Kant that she was found and compensated,” Shakil said. “This is what last-mile justice looks like.”
