On a petition filed by Lawyers For Human Rights International, the Punjab and Haryana High Court granted a compensation of Rs. 3,00,000/- at the present juncture to the parents of deseased Ved Pal who was killed by the mob at Village-Singhwal, District Jind, Haryana, in spite of order of protection given by the High court. He had reached at his In-laws house alongwith Warrants Officer accompanying by 20 Police officials to recover his newly wedded wife and lynched by the mob.
Lawyer for Human Rights International v State of
C.W.P No. 11100 of 2009
Present: Mr. Navkiran Singh, Advocate
For the petitioner
This petition arose out of an incident in which Ved Pal was killed by a mob in village Singhwal, District Jind when he had gone there to bring back his newly wedded wife and had been granted an order of protection by this court. He along with warrant officer of this court accompanied by about 20 police officials reached the house of his in laws to recover his wife but in spite of the police protection he was lynched by the mob to death. That incident was confirmed by the warrant officer in his report to this court.
One of the relief claimed in this petition is compensation to be paid to the parents of deceased Ved Pal. Learned counsel for the petitioner, in support of his plea that this court can grant compensation in respect of the death of Ved Pal, has referred to Rudul Sah v State of Bihar and another, 1983 AIR (SC) 1086, D.K.Basu v State of West Bengal, 1997 RCR (1) (Criminal) 372, Smt. Nilabeti Behera alias Lalita Behera v State of Orissa and others, 1994 (1) RCR (Cr.) 18, K. Kabali alias Kabalesswaran v State of Tamil Nadu and others 2006 Cr.L.J 2074, Phoolwati v State (Union territory of Chandigarh) and others 2008 (1) RCR (Cr.) 167 and SAHELI, a women’s resources centre, through Ms. Nalini Bhanot and others v commissioner of Police and others 1990 (2) P.L.R 609. Taking into account the current situation, a figure of Rs. 10 lacs is suggested by learned counsel for the petitioner to be granted as compensation. However, prima facie we are of the view that a death in actual Police custody and death due to negligence/ indifference of the police officers giving protection, may not be on the same level. However, the culpability, nevertheless, remains and we are of the view that while we consider this issue in detail, a compensation of Rs. 3 lacs at the present juncture would be appropriate. Learned counsel for the state seeks time to have instructions on this issue from the state government as to whether the amount of Rs. 3 lacs is to be voluntarily paid by the state.
At request of learned Additional A.G, list on 11.08.2010.
The progress report of the sessions trial as sort from learned District and Sessions judge, Jind vide order dated 13.07.2010 has not been received. A reminder be issued in this regard.
A copy of this order be given dasti to learned Addl. A.G, Haryana and the signatures of the Bench Secretary.
July 28, 2010