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Delhi HC awards Rs 15 lakh compensation to victim of police shootout in 1997

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New Delhi, Apr 29 (PTI) The Delhi High Court has awarded as compensation Rs 15 lakh along with interest to the victim of a police shootout that took place at Connaught Place here in 1997.

Justice Prathiba M Singh directed the Centre to pay the compensation amount within eight weeks and said that the petitioner– who was stated to be 20-year-old when his car faced indiscriminate firing which resulted in the death of his two friends, lost the prime of his life, suffered a disability in his right arm and continues to live with shrapnel in his body.

Tarun Preet Singh, who filed the petition in December 1998, sought Rs one crore as compensation for the misdeeds of the law enforcing agency and the violation of the fundamental right to life and liberty as guaranteed under Article 21 of the constitution.

He stated that he was travelling in a car with his two friends and had stopped at Barakhamba Road, near Connaught Place when the shootout involving the Delhi Police took place.

While his friends passed away in the firing, he was seriously injured. Ten police officials were convicted in the criminal case and they were sentenced to life imprisonment which was upheld by the Supreme Court.

Deciding on Singh’s plea, the judge also awarded a sum of Rs two lakh as litigation costs to him while noting that the injury caused to him was an act of the police officials who were acting in their official capacity and have been awarded life sentences in the consequent criminal case.

“He (The petitioner) is working in a cloth shop, has two children and a family to take care of. The time that has gone by also cannot be compensated for him. Injury caused due to the state action and that too one, where the police officials were convicted of criminal offences and not some inaction or negligence, need to be considered at a higher standard as compared to those of ordinary cases of negligence and inaction,” stated the court in its order dated April 26.

“He has lost his entire period of youth, being embroiled in proceedings relating to the incident. The mental trauma for such a person cannot simply be gauged. The trauma is not limited to the individual but also to his near and dear ones, who have rendered physical, mental, and emotional support to the Petitioner, which may include his parent, spouse, and now, his children,” it added.

The court observed that although the disability of the petitioner was not a major disability, “the fact that he has not been able to lead a normal life for the last 25 years cannot be ignored” and “for a young boy of 20 years of age, the suffering of any kind of disability due to no fault of his cannot be justified or trivialized.” “Accordingly, keeping in mind inflation rates, a sum of Rs.15 lakhs is awarded as compensation, which shall be paid along with simple interest @ 8% per annum, from the date of the incident till the date of payment. In addition, a sum of Rs two lakhs shall also be awarded as litigation costs to the Petitioner,” the court ordered.

The court said that a sum of Rs one lakh if paid earlier in terms of an order passed in 1999, shall be adjusted and directed, “the said compensation along with interest shall be paid by Respondent No.1 (Union of India) to the Petitioner, within a period of eight weeks from today, failing which, on the entire amount, interest @ 7.5% per annum shall be liable to be paid by the Respondent No.1.” PTI ADS RKS RKS

This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.

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