NEW DELHI(PTI): The Apex court of India, Supreme Court, has ordered the cast Indian state of Orissa government to pay 2 compensation of Rs.15 million to the mother of a 22yearold youth who died in police custody in a Village in Sundergarh district of Orissa five years ago.
The youth, Suman Behera, was found dead on the railway track with multiple injuries after he was taken away by police in connection with the investigation of a theft case on December 1,1987. the mother of the deceased, Nilabati Behera, alleged that his son was killed in police custody and his body was thrown away on the railway tack. She sent a letter to the supreme court demanding compensation which was treated ‘as a Writ petition under article 32 of the Indian constitution. A three judge bench presided over by justice J.S.Verma, al lowing the writ petition, held that the principle of sovereign immunity does not apply to the remedy available in public law, based on strict liability for contravention of fundamental rights. The court said the police violated the fundamental right of the de ceased to life under article 21 of the Indian constitution.
Article extracted from this publication >> April 2, 1993
