Elephant run over by passenger train near Mongpong; no FIR due to legal constraints

Alipurduar: On Wednesday evening, a female sub-adult elephant was killed after being struck by the 13150 down Kanchankanya Express travelling from Alipurduar Junction to Sealdah along the Mongpong forest, situated between Bagrakote and Sevoke stations on the Northeast Frontier Railway’s Dooars BG-3 route.

The Forest department has decided not to file an FIR against the passenger train, citing legal constraints. According to the 1972 Wildlife Protection Act, an FIR can only be registered if a goods train is responsible and can be specifically identified. Filing an FIR against a passenger train would implicate all passengers, the driver, and the guard, making legal action unfeasible. A similar incident on November 26, 2023, at Rajabhatkhawa forest in Alipurduar district led to the deaths of three elephants when a goods train struck them. On that occasion, the train was seized, and legal action was taken.

The incident comes just four days after a state-level coordination meeting at the Alipurduar DRM office, where railway and forest officials celebrated a two-year period free from elephant fatalities in train collisions. Investigations revealed that a herd of seven to eight elephants was near Mongpong on Wednesday night. A post-mortem on the deceased middle-aged female elephant is underway, and the remaining herd members are being examined for injuries.

Bhaskar J.V., Chief Conservator of Forests (Wildlife), North Bengal, said: “Due to legal complications, we cannot file an FIR against the train or halt its operations. Instructions have been issued to assess the health of the remaining herd. Any injured animals will receive treatment. Our officials are also reviewing the train’s speed logbook to determine if negligence or overspeeding contributed to the collision. Appropriate legal action will be taken if any lapses are found.”