BRIJENDRA THAKUR Vs. STATE OF M P

JUDGEMENT

(1.) Noble Prize Winner Poetess Gabriela Mistral of Chile while speaking about the faults committed by society as regards the children spoke thus :

(2.) We have begun with the aforesaid prefatory note as the case at hand depicts a sad incident by which the life spark of a seven year old child got extinguished and life span of a seventeen year old boy got curtailed. Should the State's conception and vision of handling a law and order situation allowing to blow the unkind wind of winter bringing a cateclysm and catastrophe to the families, go unnoticed and unremedied?

(3.) The crucial question that arises for consideration is whether the death caused in the name of law and order is justified? Was it imperatively necessitous? Was it avoidable or was it an act of gross negligence? Be it placed on record that we are only adverting and dwelling upon the two deaths that we have been referred to above as in the latter part of the decision we will clarify why we have thought to do so, albeit, the prayer in the writ petition is different, endeavouring to paint a large canvass and graze in a different pasture invoking inherent and extraordinary jurisdiction of this Court to the extent of issue of a writ of mandamus for setting a commission being headed by a retired High Court Judge. At the very out set we think it condign to state that we are not disposed to allow the aforesaid prayer of the petitioner but we cannot repel the prayer of the learned counsel for the petitioner for moulding the relief clause for grant of compensation to the bereaved legal representatives of the deceased persons in a litigation of this nature and accordingly we proceed to uncurtain the facts that have been adumbrated in the petition.