SHYAMA DEVI Vs. NATIONAL CAPITAL OF DELHI

JUDGEMENT

(1.) This is a writ petition whereby the petitioners, wife and two children of Head Constable Om Prakash, Malkhana Incharge, PS Naraina, who was killed in a rocket explosion, claim compensation for his death.

(2.) The first petitioner is the wife of the deceased Om Prakash and the second and the third petitioners are his children. The first respondent is the Government of NCT of Delhi, while the second and the third respondents are the Commissioner of Police and the Station House Officer, PS Naraina, respectively.

(3.) Om Prakash, at the time of his death, was Head Con- stable with the Delhi Police and was serving as Incharge, Malkhana, Police Station Naraina, under the immediate control of the third respondent. On 31/1/1996 an information was received at Police Station Naraina that a standard army rocket was lying near Post No.6, Commercial Railway Lines. On receipt of the information, case under section 4/5 of the Explosive Substances Act, 1908 was registered vide FIR No. 19/96 dated 31/1/1996 at PS Naraina. On the same day the rocket was seized by SI Manoj Kumar of PS Naraina in the presence of SI Kapil Dev and SI Jaiveer Singh of Bomb Dis- posal Squad. Since it was a live rocket the same was kept outside the police station Naraina surrounded by sand bags. In order to secure assistance to defuse the rocket, SI Manoj Kumar approached the Army Headquarters (for short 'the Army HQ'). On 3/2/1996 the Army HQ by a written communi- cation asked the respondents to arrange insurance covers for the personnel who were being detailed to undertake the job as per the following details: