MADINA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ORDER :- This is a pathetic case of a lady who has become widow in her young age of 23 years because of the cruel treatment alleged to have been meted out to her husband Usman who succumbed to the injuries in the police station. Because of this, a young lady aged only 23 years became widow and four minor children including two sons and two daughters between the age of eight months to six years have become orphans for no fault of theirs and are denied the love and affection of their young father for the rest of their life.

(2.) The petitioner Mst. Madina, who is widow of Usman belongs to a minority community of "Muslims", has filed this petition under Art. 226 of the Constitution before this Court praying for compensation in sum of Rs. 10 lacs from the respondents on account of brutal death of her husband deceased Usman who died in police custody.

(3.) This petition was seriously objected by the learned counsel for the respondents including learned counsel Mr. Hemant Kumar for respondents Nos. 3 and 5 - Constables. It was submitted by the learned counsel for the respondents that this Court cannot award compensation or any ex gratia payment by way of interim compensation to the petitioner in its jurisdiction under Art. 226 of the Constitution because there are disputed questions of facts involved in this petition, therefore, the petitioner should be relegated to avail better alternative remedy of civil suit before the competent Court. In support of his submission, learned counsel Mr. Hemant Kumar for respondents has relied upon two judgments of the Hon'ble Supreme Court in the case of (1) A. K. Singh v. Uttarakhand Jan Morcha reported in AIR 1999 SC 2193 : (1999 Cri LJ 3500) and (2) Chairman, Grid Corporation of Orissa Ltd. (Gridco) v. Smt. Sukamani Das reported in (1999) 7 JT (SC) 109 : (AIR 1999 SC 3412).