by Police - Bureau of Police Research and Development
by Police - Bureau of Police Research and Development
by Police - Bureau of Police Research and Development
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The Indian <strong>Police</strong> Journal whether it was beyond or in excess <strong>of</strong> his lawful authority. If it is<strong>and</strong> exceeded their lawful authority or duty, then they cannot escapeliability to compensate the heirs or legal representatives <strong>of</strong> the deceasedvictim.ln the case <strong>of</strong> R. G<strong>and</strong>hi v. Union <strong>of</strong> India 17 , the High Court <strong>of</strong> Madrasdirected the State Government to pay Rs. 33,19,033/- as compensationas recommended <strong>by</strong> the Coimbatore District Collector to those families<strong>of</strong> Sikhs <strong>and</strong> others living in Coimbatore, who were the victims <strong>of</strong>arson <strong>and</strong> rioting in the wake <strong>of</strong> assassination <strong>of</strong> the former PrimeMinister. Justice S.A. Kadar, speaking for the court, observed :“Legally <strong>and</strong> morally <strong>by</strong> all canons <strong>of</strong> fair-play, <strong>by</strong> all principles<strong>of</strong> justice, equity <strong>and</strong> good conscience, the State <strong>of</strong> TamilNadu is bound to pay compensation to victims as assessed <strong>and</strong>The Apex Court in its l<strong>and</strong>mark judgement in D.K. Basu v. State <strong>of</strong>West Bengal 18 , observed as follows:“It is now a well accepted proposition in most jurisdictions thatthe monetary <strong>and</strong> pecuniary compensation is an appropriate <strong>and</strong>indeed an effective <strong>and</strong> sometimes perhaps the only suitableremedy for the redressal <strong>of</strong> the established infringement <strong>of</strong> thefundamental right to life <strong>of</strong> a citizen, <strong>by</strong> the public servants.The State is vicariously liable to which the defence <strong>of</strong> sovereignimmunity is not available <strong>and</strong> the citizen must receive the amount<strong>of</strong> compensation from the State, which shall have the right to beThe ratio laid down in D.K. Basu 19 , was followed <strong>by</strong> the High Court<strong>of</strong> Andhra Pradesh in State <strong>of</strong> A.P. v. Challa Ramkrishna Reddy 20 ,wherein the court awarded Rs. 1,44,000/- as damages against the StateGovernment for the death <strong>of</strong> a person in Judicial custody. Rejectingdefence plea that the prisoner was put in jail in exercise <strong>of</strong> sovereignfunction <strong>and</strong>, therefore, State was under no obligation to paycompensation, the court held that the concept <strong>of</strong> sovereign power isnot an exception to the Right to Freedom <strong>of</strong> Life <strong>and</strong> the constitutionalguarantee <strong>of</strong> Right to Live overrides the theory <strong>of</strong> immunity <strong>of</strong> Stateaction.January - March, 201351
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