CHIEF SERCRETARY GOVT OF KARNATAKA Vs. RAMESH

JUDGEMENT

(1.) THE respondent-plaintiff filed a suit for damages claiming Rs. 1,00,000/- payable by the defendants for the injury caused to him by the negligent act of the Police Sub-Inspector of Talikoti Police Station.

(2.) ON 16-5-1991 there was a political meeting, around 9. 45 p. m. The plaintiff was in the house of his uncle, it appears that some communal inflationary speeches are made resulting in riotous situation, the PSI comes to the scene with the troop of policemen, initially employs tear gas shells to control the riotous mob. When the situation becomes unwieldy, the PSI opened fire by shooting from his pistol. The plaintiff who was in the house of his uncle was injured. The plaintiff was treated in the hospital as inpatient for a month. The plaintiff is a student studying PUC at the time of incident. A sum of Rs. 1,00,000/- is claimed as damages.

(3.) PER contra, the defendants contend that on the said day in the evening hours there was a political meeting, communal inflationary speeches were made by the speakers resulting in a riotous situation, the PSI with his battalion jumped into action to control the mob, the tear gas shells were used to disperse the mob, as a last resort, the PSI opened fire with his pistol to disperse the riotous assembly. The Sub-Inspector was discharging the sovereign and regal functions of the State therefore for the injury caused, neither the PSI nor the State become liable to pay damages. An ex-gratia of Rs. 2,500/- was paid to the plaintiff.