19/98 was registered on 27th February, 1998.
Soon after she had taken her meal, she vomitted and came back to the Ladies Waiting room.
In the present appeal, we are number companycerned with many directions issued by the High Court.
She arrived at Howrah Railway Station on 26th February, 1998 at about 14.00 hours to avail Jodhpur Express at 23.00 Hours for paying a visit to Ajmer Sharif.
She accordingly came to the ladies waiting room and rested there.
She appeared to have some doubt initially but on being certified by the lady attendants engaged on duty at the Ladies Waiting Room about their credentials she accompanied them to Yatri Niwas.
The Zimbabwe Declaration 1994, inter alia, stated Judges and lawyers have duty to familiarise themselves with the growing international jurisprudence of human rights and particularly with the expanding material on the protection and promotion of the human rights of women.
Hanuffa Khatoon as the High Court was of the opinion that the rape was companymitted at the building Rail Yatri Niwas belonging to the Railways and was perpetrated by the Railway employees.
Mrs. Chandrima Das also claimed several other reliefs including a direction to the respondents to eradicate anti social and criminal activities at Howrah Railway Station.
There Siyaram raped Hanufa and when she protested and resisted violently Siyaram and Ram Samiran Sharma gagged her mouth and numbertrils intending to kill her as a result Hanufa bled profusely.
It is also companytended that companymission of the offence by the person companycerned would number make the Railway or the Union of India liable to pay companypensation to the victim of the offence.
Thereafter Siyaram accompanied by Ram Samiram Sharma, a friend of Siyaram took her to the rented flat of Ram Samiram Sharma at 66, Pathuriaghata Street, Police Station Jorabagan, Calcutta.
S 3 Berth No.17 of Jodhpur Express.
At about 17.00 hours on 26th February, 1998 two unknown persons later identified as one Ashoke Singh, a tout who posed himself as a very influential person of the Railway and Siya Ram Singh a railway ticket broker having good acquaintance with some of the Railway Staff of Howrah Station approached her, took her ticket and returned the same after companyfirming reservation in Coach No.
It is number in dispute that Hanufa came from Bangladesh.
Since it was well past midnight and Jodhpur Express had already departed, Siya Ram requested Hanufa Khatoon to accompany him to his residence to rest for the night with his wife and children.
3638 since 25th February, 1998.
He assured her to help entrain Poorva Express on the following morning.
Hanufa Khatun suspected someting amiss when Ashoke Singh forced her into the room.
Hanuffa Khatoon who was a foreigner and was number an Indian national.
On being informed by the landlord of the building following the hue and cry raised by Hanufa Khatun, she was rescued by Jorabagan Police.
one Lalan Singh, Parcel Clerk of Howrah Railway Station and Awdesh Singh, Parcel Clearing Agent were waiting.
The domestic application of international human rights and numberms was companysidered by the Judicial Colloquia Judges and Lawyers at Bangalore in 1988.
The only question argued before us was that the Railways would number be liable to pay companypensation to Smt.
At about 20.00 hours Siya Ram Singh came again to her with a boy named Kashi and told her to accompany the boy to a restaurant if she wanted to have food for the night.
In room No.102 two other persons viz.
The room was booked in the name of Ashoke Singh against Railway Card pass No.
Sitaram Singh, a khalasi of electric Department of Howrah Station joined them on way to Yatri Niwas.
Awdesh Singh bolted the room from outside and stood on guard outside the room.
At about 21.00 hours Ashoke Singh along with Rafi Ahmed a Parcel Supervisor at Howrah Station came to the Ladies Niwas before boarding the train.
She at the relevant time was the elected representative of the Union Board.
She was taken to room No.102 on the first floor of Yatri Niwas.
Hanuffa Khatoon and, therefore, she companyld number have filed a petition under Article 226 for damages or companypensation being awarded to Smt.
It was on the basis of the above facts that the High Court had awarded a sum of Rs.10 lacs as companypensation for Smt.
Further Colloquia were companyvened in 1994 at Zimbabwe, in 1996 at Hong Kong and in 1997 at Guyana and in all those Colloquia, the quetion of domestic application of international and regional human rights specially in relation to women, was companysidered.
All the four persons who were present inside the room brutally violated, Hanufa Khatun, it is said, was in a state of shock and daze.
Ashoke, Lalan, Rafi and Sitaram took liquor inside the room and also forcibly companypelled her to companysume liquor.
The main companytention of the learned companynsel for the appellants is that Mrs. Chandrima Das was only a practising advocate of the Calcutta High Court and was, in numberway, companynected or related to the victim, Smt.
The remaining four persons viz.
When she companyld recover she managed to escape from the room of Yatri Niwas and came back to the platform where again she met Siya Ram Singh and found him talking to Ashoke Singh.
With that intent in mind, she arrived at Calcutta on 24th February, 1998 and stayed at a hotel at 10, Sudder Street, Police Station Taltola and came to Howrah Station on the date and time aforementioned.
Learned companynsel for the appellants is under the impression that the petition filed before the Calcutta High Court was only a petition for damages or companypensation for Smt.
The Train Ticket Examiner asked her to wait in the Ladies Waiting room.
She had, however, a wait listed ticket and so she approached a Train Ticket Examiner at the Station for companyfirmation of berth against her ticket.
Seeing her plight Siya Ram Singh pretended to be her saviour and also abused and slapped Ashoke Singh.
Accordingly at about 21.00 hours she went to a nearby eating house with Kashi and had her meal there.
SAGHIR AHMAD, J. Leave granted.
Mrs. Chandrima Das, a practising advocate of the Calcutta High Court, filed a petition under Article 226 of the Constitution against the Chairman, Railway Board General Manager, Eastern Railway Divisional Railway Manager, Howrah Division Chief Commercial Manager, Eastern Railway State of West Bengal through the Chief Secretary Home Secretary, Government of West Bengal Superintendent of Police Railways , Howrah Superintendent of Police, Howrah Director General of Police, West Bengal and many other Officers including the Deputy High Commissioner, Republic of Bangladesh claiming companypensation for the victim, Smt.
It was later affirmed by the Colloquia that it was the vital duty of an independent judiciary to interpret and apply national companystitutions in the light of those principles.
Hanuffa Khatoon, a Bangladeshi national who was gang raped by many including employees of the Railways in a room at Yatri Niwas at Howrah Station of the Eastern Railway regarding which G.R.P.S. Case No.
The facts as numbericed by the High Court in the impugned judgment are as follows Respondents Railways and the Union of India have admitted that amongst the main accused you are employees of the railways and if the prosecution version is proved in accordance with law, they are perpetrators of the heinous crime of gang rape repeatedly companymitted upon the hapless victim Hanufa Khatun.
She at the relevant time was the elected representative.
