HARIMAYA DAHAL Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, a claim in public law for compensation, is made by the writ petitioner for the death of her husband late Deepak Dahal @ Devi Prasad, such a claim based on strict liability made by resorting to a constitutional remedy provided for the enforcement of a fundamental right is distinct form, and in addition to the remedy in private law for damages for the tort resulting from the contravention of the fundamental right. The right to compensation is some palliative for the unlawful acts of instrumentalities which act in the name of public interest. The right to individuals is the true bastion of democracy. The State must repair the damage done by its officers to the rights of the citizens.

(2.) Heard Mr. A. Sachikumar Singh, learned Counsel appearing for the petitioner. Also heard Mr. N. Ibotombi Singh, learned CGSC appearing for the respondent Nos. 1, 2, 3 and 4 as well as Mr. R.S. Reisang, learned Government Advocate appearing for the respondent Nos. 5, 6, 7, 8, 9 and 10.

(3.) A short factual panorama, sans unnecessary details, of the present writ petition, is recapitulated.