ARAKSHITA PRADHAN Vs. STATE OF ORISSA & OTHERS

JUDGEMENT

(1.) Life is life because it is animate and living in death there is darkness and vacuum.'

(2.) Preamble to the Indian Constitution resonates one of the goals, out of many, to be achieved by adopting, enacting and giving to ourselves the Constitution, is to provide most noble and serene "Justice Social, Economic and Political", without which existence of democratic society and polity will be unimaginable and unthinkable. Social Justice can prevail only when Rule of Law exist and pervades entire society. For existence of Rule of Law ensuring security to the life of individuals is sine qua non and whenever it is breached the culprit must be punished Cherished goal of social Justice finds its' most illuminating example in the most clamoured Article, which is Article 21, preserving life and liberty of the individuals, embedded in Chapter III of the Constitution. Titled as Fundamental Rights. It is pivotal and core of the Constitution. It is. its' basic structure with which nobody can tinkle.

(3.) With preface as above, here now we deal with a public law remedy case where the most sacred right to life, embodied under Article 21, has been destroyed and the victim's family clamour for retribution may be in the form of monetary compensation. But before we put our aplomb thoughts on the invicisively harangued submissions, a recapitulation of the back ground facts, which are indispensable, are being reproduced below.