Kochi: The Kerala High Court has upheld the constitutional validity of Section 145(a) of the Railways Act, 1989, which empowers railway authorities to remove intoxicated persons from trains or railway premises and prosecute them.

Justice Bechu Kurian Thomas observed that the Ministry of Railways has prescribed sufficient safeguards in its September 14, 2023 circular to prevent arbitrariness in identifying a person as intoxicated.

The Court was considering a writ petition challenging the provision as violative of Articles 14, 19 and 21 of the Constitution. The petitioner, a managing director of a tour and travel company, had also sought that the provision be read down to apply only when an intoxicated person causes a nuisance or commits any of the acts specified in clauses (b) or (c) of Section 145.

The petitioner argued that the absence of a definition for 'state of intoxication' could result in arbitrary action and affect the freedom of movement of people who consume alcohol and are present on railway premises.

He approached the Court after learning about a Southern Railway drive to remove and book intoxicated passengers. He also pointed out that Railway Protection Force (RPF) personnel had been equipped with breath analysers.

The railway authorities contended that the petition was not maintainable as the petitioner himself had not faced any action under the provision. They submitted that the provision was intended to maintain law and order, prevent untoward incidents and curb crimes on railway premises, particularly those affecting women passengers. The authorities also pointed out that a majority of people who fall from trains are under the influence of alcohol.

The Railways relied on the 2023 circular, which lays down guidelines for RPF personnel on implementing the provision. According to the authorities, a person suspected to be intoxicated is initially assessed using a breath analyser. After being removed from the railway premises, the person undergoes a medical examination, following which criminal proceedings may be initiated. The State Government also supported the Railways' stand.

After examining Section 145 and the 2023 circular, the Court noted that the guidelines prescribe various indicators of intoxication and provide for further examination and assessment where such signs are present.

The Court rejected the argument that variations in the degree of intoxication and the absence of a specific definition would result in arbitrary exercise of power. It noted that the provision permits removal only of a person who is initially found to be intoxicated.

The Court further observed that, under settled law, the manner in which a statutory provision is implemented cannot by itself render the provision unconstitutional. If the power is exercised arbitrarily, the affected person can seek relief from a court.
The Court accordingly dismissed the petition.
(LiveLaw inputs)