High Court of Allahabad

Shiv Kumar Verma And Another vs. State Of U.P. And 3 Others

MANU/UP/0693/2021

11.06.2021

Criminal

State is liable to compensate for loss or injury suffered by a citizen due to arbitrary action of its employees

Present writ petition has been filed praying for the issuance of writ, order or direction in the nature of mandamus directing the Respondents to give compensation to the Petitioners in lieu of illegal detention from 12th October, 2020 to 21st October, 2020 in connection with Case Crime under Section 151, 107 and 116 of Code of Criminal Procedure, 1973 (CrPC)

In the case of Lucknow Development Authority vs. M.K. Gupta Hon'ble Supreme Court observed that, under Indian Constitution, Sovereignty vest in the people. Every limb of the constitutional machinery is obliged to be people oriented. No functionary in exercise of statutory power can claim immunity, except to the extent protected by the statute itself. Public authorities acting in violation of constitutional or statutory provisions oppressively are accountable for their behaviour before authorities created under the statute like the commission or the Courts entrusted with responsibility of maintaining the rule of law.

Harassment of a common man by public authorities is socially abhorring and legally impermissible. It may harm him personally but the injury to society is far more grievous. Nothing is more damaging than the feeling of helplessness. An ordinary citizen instead of complaining and fighting succumbs to the pressure of undesirable functioning in offices instead of standing against it. Therefore, the award of compensation for harassment by public authorities not only compensates the individual, satisfies him personally but helps in curing social evil.

Once it is found by the competent authority that, a complainant is entitled for compensation for inaction of those who are entrusted under the Act to discharge their duties in accordance with law, then payment of the amount may be made to the complainant from the public fund immediately but it may be recovered from those who are found responsible for such un-pardonable behaviour. This legal position is reflected from the law laid down by the Apex Court in Lucknow Development Authority's case. In the said case, it was further observed by the Apex Court that, the Administrative law of accountability of public authorities or their arbitrary and even ultra vires actions has taken many strides and it is now accepted both by present Court and English Courts that, State is liable to compensate for loss or injury suffered by a citizen due to arbitrary action of its employees.

Since the State Government itself has taken a policy decision and has paid compensation to the Petitioners herein, therefore, no further direction for payment of compensation is required to be issued in the present writ petition. The State Government shall ensure that the provisions of the CrPC as referred in the policy decision dated 23rd March, 2021 are strictly followed/observed by all the concerned officers. Petition disposed off.

Tags : Detention Compensation Entitlement

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