LAWS(DLH)-2011-7-76

NEEMA GOYAL Vs. UNION OF INDIA

Decided On July 04, 2011
NEEMA GOYAL Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) On 31st March 1997 at around 2.30 pm outside Dena Bank at the Outer Circle of Connaught Place, New Delhi, thirteen policemen led by Assistant Commissioner of Police Satyavir Singh Rathi (hereafter ACP Rathi) surrounded a Maruti Esteem car and fired at it from all directions. Two of the three occupants of the car, Shri Pradeep Goyal and Shri Jagjit Singh were killed instantaneously. Grievous injuries were caused to the third occupant, Shri Tarun Preet Singh. For the dastardly killing, ten of the policemen including ACP Rathi were convicted under Section 302 IPC read with 120B IPC and various other related offences by the learned Additional Sessions Judge (ASJ) by a judgment dated 16th October 2007 and sentenced to life imprisonment by a consequential order dated 24th October 2007. The appeals by the convicted policemen were dismissed by this Court on 18th September 2009. Their further appeals were dismissed by the Supreme Court on 2nd May 2011.

(2.) Smt. Neema Goyal, wife of Pradeep Goyal has filed W.P. (C) 4756 of 1997 claiming compensation of Rs. 2 crores from the Union of India in the Ministry of Home Affairs (MHA), and the Commissioner of Police, Delhi (Respondents 1 and 2) for the wrongful killing of her husband. Smt. Jaspal Kaur, wife of Jagjit Singh has filed W.P. (C) 5405 of 1997, claiming an identical relief.

(3.) Inasmuch as the facts of the case stand established by the prosecution and the guilt of the police personnel involved comprehensively proved beyond reasonable doubt, these petitions do not involve disputed questions of facts. The findings of the trial court on facts have been affirmed by this Court and the Supreme Court. Factual background