P V KAPOOR Vs. UNION OF INDIA

JUDGEMENT

(1.) . Two lawyers of this court have filed this writ petition, under Article 226 of the Constitution, in the nature of Public Interest Litigation, alleging that in the police firing on a crowd of un- armed students on 25th September, 1970 in or about INA Market, New Delhi, one Devinder Kumar Sharma was mercilessly and cold- bloodily killed. The evidence for this occurence is stated to be contained in a video film which was shot by M/s Living Media India Limited and distributed in the October, 1990 issue of video news magazine in the name and style of NEWS TRACK.

(2.) . The petition is based on the aforesaid issue of NEWS TRACK According to the averments in the petition, Devinder Kumar Sharma was shot at somewhere above the waist by the Delhi Police and thereafter he was dragged for a considerable distance by the very shattered arm which hung limp and twisted and he was thereafter lifted into a police jeep. It is further alleged that while he was being dragged in this manner, Devinder Kumar Sharma bled profusely, leaving a trail of his blood behind him and infact he was also asked to get up but when he was unable to do so, he was again dragged for a considerable distance till he was put in the police jeep. It is further stated that no police vehicle was immediately made available for his being carried to the hospital and nor was any first aid or medical aid provided.

(3.) . According to the petitioners, Devinder Kumar Sharma was participating in a protest against the Mandal Commission report, which the Government had decided to implement. It is contended that the police resorted to shooting above the waist following an injury received by one of the police men as a result of stone throwing. According to the petitioners, full riot gear techniques and dis-proportionate force was utilised than what was demanded by the situation. It is further submitted that gross brutaility has gone unno ticed and there has been violation of basic human rights. The prayer in the writ petition, inter alia, is that order should be passed directing compensatin of Rs. 5 lakhs to the family of Devinder Kumar Sharma. It is also prayed that direction be issued to the Union of India to initiate appropriate criminal action under the relevant and applicable provisions of the Indian Penal Code against such of the officers or constables of the Delhi Police who were responsible for causing death of Devinder Kumar Sharma and also for such other criminal and culpable action as seen in the said video film.