Kochi: The Kerala High Court has upheld the authority of railway officials to take action against people found in an intoxicated condition on railway premises or aboard trains.
Justice Bechu Kurian Thomas dismissed a petition challenging Section 145(a) of the Railways Act, 1989, ruling that the provision is not unconstitutional. The section empowers railway authorities to take action against intoxicated persons and remove them from railway premises or trains.
The court said suspected intoxication should initially be assessed based on a person’s physical behaviour and visible symptoms. A breath analyser test may be conducted when necessary, followed by a medical examination for further action.
The provision is intended to safeguard passenger safety and convenience and maintain public order, the court observed. It also noted that individuals have the legal right to approach the court if railway authorities misuse the powers granted under the law.
The petition was filed by K N Shastri, managing director of a tour and travel company. He argued that the law does not clearly define the term “state of intoxication” and could give railway police excessive powers, potentially causing inconvenience even to passengers who had consumed only a small quantity of alcohol.
