(1.) This mandamus appeal is at the instance of an unsuccessful writ petitioner and is directed against an order dated 21st November, 2002, passed by a learned Single Judge of this Court by which His Lordship dismissed the writ application filed by the appellant. By the said writ application, the appellant prayed for a direction upon the State Government to pay compensation of Rs. 35 lakh to the appellant for the death of her son in the police custody due to torture inflicted upon him by the police officials.
(2.) The case made out by the appellant in the writ application may be Summed up thus :
(3.) The writ application was opposed by the State Government by filing affidavits-in-opposition thereby controverting the allegations made in the writ application. According to the State Government, it had taken all reasonable steps against the guilty persons and even preferred appeal against their acquittal and ultimately, succeeded in obtaining the order of conviction of the accused persons and at the same time, dismissed those guilty employees from service. In such circumstances, the State Government could not be held responsible for the wrong committed upon the son of the appellant. It was further contended that the writ application should be dismissed on the ground of gross delay in filing the same and that the appropriate remedy of the appellant lay before other forum.
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