The railway ministry on Tuesday said it will challenge the Gujarat high court order staying any further action on the U C Banerjee Commission report on the Sabarmati Express carnage of February 2002.

''We will file an appeal before a division bench of the same court tomorrow, or maybe in a day or two,'' railway counsel Nirupam Nanavati said.

The high court said the report cannot be acted upon or relied upon till a petition filed by a survivor, challenging the very constitution of the Commission, is disposed of.

Hearing on the said petition will begin from April 3.

Nanavati told UNI that the petition has no bona fide grounds.

''It is motivated. The petitioner is an affected party of the incident, but he is not directly concerned with who should probe the incident -- that has no relevance to the outcome of the case.''