Amritsar train tragedy: Magisterial inquiry report made public by NGO says organisers, authorities to blame

‘Tragedy of errors’

On October 19 last year, a DMU (diesel multiple unit) had mowed down a crowd standing on the rail tracks near Jaura Railways crossing to watch Ravana effigy burning.

Former Punjab minister Navjot Singh Sidhu’s wife and ex-MLA Navjot Kaur Sidhu was the chief guest at the event, which was organised by a close aide of Sidhu and local leader, Mithu Madan. An FIR was registered at Police Station GRP, Amritsar, against unidentified people. However, no arrests were made.

After the tragedy, Sidhu had stated that out of total 270 vacancies of fire safety workers, 38 jobs will given to the kin of victims. He had also made a claim of providing Rs 10,000 monthly to 8 families, who were left with no one to support family.

A year after the tragedy, in October this year, families of the victims had participated in a dharna, stating that they still await the government jobs as promised, and punishment to the guilty.

The report

After the tragedy, the Punjab government had ordered a magisterial Inquiry by B Purushartha, IAS, Special Executive Magistrate-cum-Divisional Commissioner, Jalandhar.

“Top government officials and leaders visited the spot and hospitals to show their sympathy towards the victims and assured action against guilty, compensation and jobs. Magisterial inquiry was concluded and report was submitted on November 21, 2018, in which this accident was referred to as a ‘Tragedy of Errors’. The organisers and officials of police, municipal corporation and railways were held guilty,” said Sarabjit Singh Verka, spokesperson of PHRO.

He added, “Surprisingly, despite the report having been submitted to the Punjab government, no effective action has been taken against the persons/officials/accused who were held responsible and indicted in the judicial inquiry. Punjab government is not interested in taking action as per the report and wants to use the report for their political motives. Efforts have been made to hush-up the matter by giving clean chits in departmental inquiries to the officials held guilty in the report.”

“Victim families are running from pillar to post to get justice. Most of the victims are migrant labourers and poor,” said Verka.

Deputy Commissioner Shiv Dular Singh Dhillon could not be reached for comment despite several attempts.

Extracts from the report (a copy of which is with The Indian Express):

Role of people

“Such behaviour of people is a matter of grave concern for all law-enforcing agencies. Why the most intrinsic, animalistic and deeply hardwired sense of self preservation shown by all members of animal kingdom including humans is sometimes ignored when a person becomes part of a mob? Is it just mob mentality or sheer contempt for law, law enforcement agencies and systems? It may be the subject matter of a serious study. Whatever the reason may be, it is quite evident that at least in this case, a highly unreasonable and irresponsible behaviour was shown by people standing on and around rail tracks…to watch the celebrations…in the ground of Dhobi Ghat, Amritsar.”

Role of politicians

“President of this committee, Saurabh Madan alias Mithoo, is son of the councillor of ward no. 29, Vijay Madan. It appears that Saurabh Madan, in all probability, is acting as the de-facto councillor of ward no. 29.

It seems that Vijay Madan is not telling the truth when she is saying that she merely attended this event as a councillor invited by the Dussehra committee.

In all applications made by Saurabh Madaan Mithoo to government authorities for providing security, fire tender, water tanker, etc., it is written that it should be provided because former minister Navjot Singh Sidhu and his wife Dr Navjot Kaur Sidhu are participating as chief guests in this programme. It is also worth inquiring whether Dr Navjot Kaur Sidhu and Navjot Singh Sidhu may in any way be considered organisers of the event or someone who helped in organising it.

During the inquiry, both Dr Navjot Kaur Sidhu and Navjot Singh Sidhu were summoned. Dr Navjot Kaur Sidhu appeared and got herself examined as witness. However, Navjot Singh Sidhu sent a letter stating that as he was out of Punjab from October 17 to October, 20, therefore he had no inputs to add to the proceedings.

Dr Navjot Kaur Sidhu denied helping in organising this function in anyway other than just coming as the chief guest. Even for want of Navjot Singh Sidhu’s response, it clearly appears that he also has in no way helped in organising this event as he was out of Punjab from October 17 to 20. No witness including the organisers said Navjot Singh Sidhu or Dr Navjot Kaur Sidhu has helped in any way in organising function. No government employee examined said he was asked by Navjot Singh Sidhu or Navjot Kaur Sidhu to provide help and support to this event.

The organisers organised the Dussehra celebrations and Ravan Dahan at Dhobi Ghat in an illegal manner without a single permission from any competent authority. They also exhibited utmost carelessness and irresponsible attitude towards safety and security of people watching this event.

The president Saurabh Madan Mithoo, all other members of the Dussehra Committee (East) and his mother Vijay Madan are responsible for organising the event in an illegal and irresponsible manner without requisite permission from any competent authority and compromising with the safety of people…”

Role of MCA

“Permission of the Municipal Corporation Amritsar (MCA) as the authority in which this land vests was also to be taken by the organisers…It was for the Municipal Corporation to ensure non-holding of any event in this land without its permission, which it failed to do. As per statement of the commissioner, municipal corporation, Sushant Bhatia, estate officer and Kewal Krishan, area inspector are officers responsible for ensuring no misuse of municipal land/ public land and to stop holding any event in such land without approval of the municipal corporation.”

Role of Police

“Issuing police permission for holding this event at Dhobi Ghat in a very casual and careless manner without proper checking and subsequently not taking follow-up action in stopping the organisers from holding this event for want of fulfilment of conditions of this permission letter.

Collective failure to apprehend dangers involved because of this venue’s close proximity to rail tracks and history of people watching from rail tracks.

Not informing Railways and not giving proper and specific intimation to the SHO, GRP, for taking precautionary safety and security measures.

Not enforcing the provisions of the Explosives Act and Rules which could have resulted in rejection of permission for holding this event at Dhobi Ghat.”

Role of Railways

“It is also evident that gateman of Railways Level Crossing, gate no. 26, Nirmal Singh, also failed to discharge his statutory duties by his late reaction in informing gateman of Jaura Phatak, gate no. 27. He came to know about this gathering on rail tracks at around 5.30 pm, but informed gateman of gate no. 27, Amit Singh, at around 6.40-6.45 pm. He did not inform the concerned station master and kept giving all right (green) signals to approaching trains. Therefore, he is also responsible for committing this blunder.

The proper passing on of information and action taken on part of loco pilots, assistant loco pilots and guards of these two trains would have alerted railway authorities including loco pilot of DMU train no 74634 and the accident could have certainly been prevented. The loco pilots, assistant loco pilots and guards of train no. 19614 DN and train no. 13006 DN have failed to perform their statutory duties. Their negligent attitude and carelessness has caused this huge accident in which 58 people died and 78 people got injured.

It is evident from videos that a large number of people were standing on and around rail tracks when the two trains were crossing the venue. However, the loco pilots, assistant loco pilots and guards of these trains either failed to apprehend the danger…because of presence of such a large number of people on and around rail tracks in a narrow space confined within two boundary walls or they deliberately neglected it. In both these cases, they failed to discharge their statutory duty.

As per statement of loco pilots, assistant loco pilots and guards of both trains, engines of both trains crossed some 200 mts before Jaura Phatak, gate no. 27 towards Jalandhar side. This makes a distance of around 450 to 460 mts from accident site which is sufficient to bring DMU train no. 74643 UP to halt had the loco pilot of DMU train applied emergency brakes on getting danger signal from the loco pilot of train no. 13006 DN. In case of use of flasher lights by the loco pilot of train no. 13006 DN, loco pilot of DMU train no. 74643 DN, could have got far larger distance and time for taking appropriate safety measures. In such a case, this accident could have been prevented. However, omissions/commissions and failure to discharge statutory duties on part of loco pilots, assistant loco pilots and guards resulted in this accident.”