1. Police atrocities resulting in deaths of three individuals during criminal investigations — Writ petition for ex-gratia payment. (Para 1 , 2 )
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1994 Supreme(SC) 501
SUPREME COURT OF INDIA
A.M.Ahmadi : Yogeshwar Dayal
Pratul Kumar Sinha
Versus
State Of Bihar
Case No. : 621 of 1992
Date of Decision : 5/2/94
The court held that the State should provide ex-gratia compensation to the families of victims of police atrocities to alleviate their hardship, while the State retains the right to recover such amounts from the responsible tort-feasors.
Headnote:(A) Ex-gratia payment - Police atrocities - Death of individuals - Compensation to legal heirs - Court directed ex-gratia payment of Rs. 25,000 each to the widows and parents of the deceased to mitigate the loss caused by police atrocities - Directed the District Judge to ensure proper utilization of the amount - State Government permitted to recover the amount from the tort-feasors. (Para 2)
Facts of the case:
Three individuals lost their lives due to atrocities committed by the police. Among the deceased, one was a bachelor and two were married, leaving behind widows.
Findings of Court:
The court found it necessary to provide ex-gratia payment to the families of the deceased to ensure they do not face hardship. It directed the State to deposit the amount with the District Judge for distribution and management to ensure the funds are not frittered away.
Issues: Whether the families of persons killed due to police atrocities are entitled to ex-gratia payment and the mechanism for its administration.
Ratio Decidendi: In cases of death resulting from police atrocities, the State should provide ex-gratia payment to the bereaved families to alleviate their hardship, while retaining the right to recover such sums from the officers responsible for the tortious acts.
Result: Writ petition disposed of.
Legal Category Hierarchy
Table of Contents
2. State submission — Arrest of all accused persons in related criminal cases — No further action required regarding criminal proceedings. (Para 1 )
3. Police atrocities causing loss of life — Necessity of ex-gratia payment to ensure support for bereaved families. (Para 2 )
4. State liability for ex-gratia payment in cases of death caused by police atrocities — Right of state to recover amount from tort-feasors. (Para 2 )
5. Ex-gratia payment directed to be paid to families of deceased — Management of funds by District Judge — Recovery from tort-feasors permitted. (Para 2 )
6. Whether the state is liable to provide ex-gratia payment for deaths caused by police atrocities?
Yes, the court may direct the state to make ex-gratia payments to the families of victims of police atrocities to ensure they do not suffer hardship due to the loss of life. (Para 2 )
7. Whether the state can recover ex-gratia payments from the officers responsible for the atrocities?
Yes, the state government is permitted to take necessary action to recover the ex-gratia amount paid to the beneficiaries from the tort-feasors responsible for the acts. (Para 2 )
(1) THE learned counsel for the State of Bihar states that all the persons, allegedly involved in the commission of crime in question in regard to which Case Nos. 144 and 162 of 1992 came to be registered have since been arrested and are in jail. Therefore, so far as that part is concerned nothing further remains to be done.
(2) HOWEVER, because of the atrocities committed by the police, three young lives were lost. One of them was a bachelor while the other two were married and left behind their young widows. We think that in order to ensure that they do not have difficulty on account of this loss some ex-gratia payment must be made to them. We direct that an ex-gratia payment of Rs. 25,000.00 each be paid to the widows of the married persons and the parents of the bachelor. In order to ensure that this money is not frittered away, we direct the District Judge concerned of Jagannathpur to ensure that proper arrangements are made so far as the utilisation of the amount is concerned. We, therefore, direct the State Government to deposit the money with the District Judge of the area comprising Jagannathpur Police Station who will inform the beneficiaries about this courts order and make such arrangement as he considers appropriate after ascertaining the views of the beneficiaries in regard to this ex-gratia amount. If the State Government so desires it will be free to take such action as it considers necessary to recover this amount from the tort-feasors. The amount should be deposited with the District Judge within six weeks from today. With these observations, we dispose of this writ petition.
