Unauthorized detention of trains and it’s remedies

rails-train-path-straightUnauthorized detention of trains in the contravention of Railway Act, 1989 is not only offence under the aforesaid statute but it is the gross violation of Fundamental Rights of the people of India. It also amounts the infringement of Human Rights of the persons. Certainly, the Railway is a service provider in terms of Consumer Protection Act, 1986. If train is detained by some protesters and root is diverted due to that reason, railway administration may be held responsible for deficiency of service but State Government and Central Government are also responsible for smooth running of trains. Because the Governments are responsible for maintenance of Law and Orders. Such function of the States comes under Sovereign Powers of the State. The Authority under the Consumer Protection Act can not take cognizance in such cases. The High courts under Article 226 and Supreme Court under Article 32 of the constitution of India may issue Writs against the State and other Instrumentality of the State.

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