MANJIT SINGH SAWHNEY Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of the present petition, the petitioner is seeking payment of Rs.1,18,275.00 with interest on account of compensation for the injuries and loss suffered by him in the 1984 riots. The 31st of October, 1984 saw the unfurling of a saga of terror let lose by barbaric mobs indulging in a spate and orgy of violence directed against a specific community after the killing of late Prime Minister Smt. Indira Gandhi. The agony of the people effected would have known no bounds in as much as there are allegations and instances to the effect that the protectors of life, society and property completely failed in discharge of their duty to protect and, if did not actually perpetrate the crimes, acted in their promotion and tacit support to the unruly mobs. Noticing the turmoil, tragedy and loss suffered by mankind, Anil Dev Singh, J in his judgment reported at 1996 III AD Delhi 333 entitled Bhajan Kaur Vs. Delhi Administration, commented thus:-

(2.) One does not have to go far back in the memory lane and most of us can recollect the horror and agony suffered by every right thinking citizen of this country as to what was being experienced. The agony of those who actually underwent the experience and dejection at the failure of the state machinery to ensure the life and liberty constitutionally granted to them, cannot be expressed in words. Till date, cases relating to prosecution of persons accused of involvement in the riots which occurred are pending in courts. There has been little success at bringing the guilty to book and this has only compounded the hopelessness in the minds of victims.

(3.) Article 21 of the Constitution of India guarantees as a fundamental right to every citizen of this country personal liberty which is fundamental to the functioning of our democracy. The very Preamble ensures liberty, equality and fraternity to the citizens of India, promise of which the nation is reminded each time communal violence and riots erupt. Undoubtedly, the state is obligated to ensure that the rights of individuals or group of persons under Article 21 of the Constitution of India are not and cannot be violated.