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2001 Supreme(SC) 490

S.N.PHUKAN, S.RAJENDRA BABU
S. S. Ahluwalia – Appellant
Versus
Union Of India – Respondent


JUDGMENT

Rajendra Babu, J.-In the wake of assassination of Smt. Indira Gandhi on October 31, 1984 there were several killings of Sikhs in Delhi and other parts of the country between October 31, 1984 till November 1984 which involved arson, looting and murder. A Committee was constituted headed by Justice R.N. Misra of this Court which made an inquiry and reported that Sikhs killed in those riots were 3874 in Delhi, 127 in Kanpur and 69 in Bokaro. Bhajan Kaur v. Delhi Administration1 was filed in the High Court of Delhi for paying compensation to the dependents of those killed in the riots after the assassination of Smt. Indira Gandhi as the State had a duty to protect the life of its citizens and the State ought to pay compensation thereof. The High Court of Delhi by its order dated July 5, 1996 held that in the expanded meaning attributed to Article 21 of the Constitution it is the duty of the State to create a climate where members of the society belonging to different faiths, caste and creed live together and, therefore, the State has a duty to protect their life, liberty, dignity and worth of an individual which should not be jeopardised or endangered. If in any circumstance t
































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