Section 119 of the Railways Act, 1989 provides a provision that ensures that when a Commission of Inquiry is appointed under the Commissions of Inquiry Act, 1952, no further inquiries or investigations related to the same railway accident will take place under the Railways Act. This provision essentially prevents any overlap between investigations conducted under the Railways Act and those under the Commissions of Inquiry Act.
Text of Section 119:
Section 119: No inquiry, investigation, etc., to be made if the Commission of Inquiry is appointed
- Notwithstanding anything contained in the foregoing provisions of this Chapter, where a Commission of Inquiry is appointed under the Commissions of Inquiry Act, 1952 (3 of 1952), to inquire into an accident:
- Any inquiry, investigation, or other proceeding pending in relation to that accident shall not be proceeded with.
- All records or documents related to such inquiry shall be forwarded to the authority as may be specified by the Central Government in this behalf.
Detailed Explanation:
Commission of Inquiry under the Commissions of Inquiry Act, 1952:
- Under the Commissions of Inquiry Act, 1952, the Central Government has the power to appoint a Commission of Inquiry to investigate significant incidents, including railway accidents.
- The Commission of Inquiry Act is a broader law that applies to a variety of matters where the government deems an investigation into an incident or issue is necessary. In cases involving railway accidents, if a Commission is appointed, it takes precedence over inquiries under the Railways Act, 1989.
Effect of the Appointment of a Commission:
- If a Commission of Inquiry is appointed to investigate an accident, then any ongoing inquiry, investigation, or proceedings under the Railways Act, 1989, relating to the same accident are halted. This ensures there is no duplication of effort, and it avoids conflicting investigations.
- All records or documents related to the accident investigation under the Railways Act must be transferred to the relevant authority as specified by the Central Government. This ensures that all relevant information is in the hands of the Commission of Inquiry for a thorough and coordinated investigation.
Purpose of this Section:
- This section ensures that the investigative process is streamlined and efficient. The Commission of Inquiry, once appointed, becomes the primary body to investigate the incident, and it consolidates all efforts and records related to the accident.
- It avoids the confusion or duplication of having multiple bodies investigating the same accident under different laws.
Role of the Central Government:
- The Central Government has the discretion to specify the authority to whom the records and documents must be forwarded. This ensures proper coordination between the agencies involved and makes the process more organized.
Practical Implications:
- For Railway Administrations:
- If a Commission of Inquiry is appointed, the railway administration must cease its investigative proceedings related to the accident and forward all related materials to the specified authority. This ensures that the railway administration complies with the centralized investigation process.
- For Legal Professionals:
- Lawyers and advocates involved in the case must be aware that once a Commission of Inquiry is appointed, the proceedings under the Railways Act for the same incident are no longer valid or active. They may need to participate in the Commission’s proceedings, rather than those under the Railways Act.
- For Public and Accountability:
- This section ensures that the investigation into serious accidents is handled by a dedicated and impartial Commission of Inquiry, which can investigate the matter thoroughly, make impartial recommendations, and hold relevant parties accountable.
- For the Commission of Inquiry:
- The Commission of Inquiry becomes the central body for investigating the railway accident. It is important for the Commission to have full access to all relevant records and documents from earlier investigations to build a comprehensive understanding of the accident.
Conclusion:
Section 119 clarifies that in the event of a Commission of Inquiry being appointed under the Commissions of Inquiry Act, 1952, all related investigations and inquiries under the Railways Act will cease. This ensures that a unified, authoritative investigation is conducted, avoiding confusion and ensuring all records are transferred to the appointed authority. It streamlines the investigation process, making it more efficient and coordinated.
