Shiv Dev Singh vs Senior Suptd. Of Police, Batala

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2000 Supreme(SC) 404

SUPREME COURT OF INDIA
K.T.Thomas : M.B.Shah
Shiv Dev Singh
Versus
Senior Suptd.Of Police, Batala
Case No. : 3656 of 1999
Date of Decision : 2/18/00
Advocates Appeared: Gogia Jaspreet : Gogia Vipin : Kumari Suresh : Singhh Krishan Pal : Verma Dinesh

Important Points

Interim compensation awarded by a court is provisional and does not preclude the victim from filing a civil suit for final quantification of damages. Furthermore, the right to initiate criminal proceedings via an FIR or a Magistrate's complaint remains available.

Subject

Civil Law - Torts

Act Referred

CONSTITUTION OF INDIA: Art.21

Headnote

(A) Compensation for Police Torture - Quantum of compensation - Amount awarded as "interim compensation" by the High Court - Treated as a provisional amount - Right of the victim to institute a civil suit for claiming compensation - Quantification to be determined by the civil court after assessing evidence and the extent of impairment or sufferings. (Para 3)

(B) Criminal Action - Remedy against culprits - Right of the petitioner to approach the Magistrate Court with a complaint or the police station for registering an FIR. (Para 4)

Facts of the case:
A petition was filed regarding the alleged torture of a son by the police. The High Court had awarded a sum of Rs. 1.5 lakhs as interim compensation. The petitioner challenged this decision, contending that the sum was inadequate given the extent of the injuries suffered and that the court had not ordered criminal action against the culprits.

Findings of Court:
The court held that the compensation awarded was provisional and that the victim remains entitled to pursue a civil suit for a quantified amount of damages. Regarding the criminal aspect, the court noted that legal remedies, such as filing a complaint before a Magistrate or seeking the registration of an FIR, are available to the petitioner.

Issues: Whether the interim compensation awarded was final or if a separate civil suit for damages was maintainable, and whether the court should directly order criminal action against the culprits.

Ratio Decidendi: Interim compensation granted by a court is treated as a provisional amount and does not bar the initiation of a civil suit for the quantification of damages based on evidence. Criminal liability must be pursued through the statutory mechanisms of filing an FIR or a complaint to a Magistrate.

Result: SLP disposed of.

Legal Category Hierarchy

K.T.THOMAS, J.

(1) THE petitioner is the father of a boy, namely Kashmir Singh who is alleged to have been tortured by the police. In a writ petition filed by this petitioner the High Court of Punjab and Haryana awarded a sum of Rs. 1.5 lakhs calling it as "interim compensation" and then disposed of the writ petition. The judgment by which the writ petition was so disposed of is now being challenged by this special leave petition.

(2) TWO grievances have been expressed by the petitioner. First is that the amount of Rs. 1.5 lakhs, in view of the extensive injuries and the impairment of lifes conveniences suffered by Kashmir Singh is too inadequate. Second is that criminal action has not been ordered against the culprits.

(3) REGARDING the quantum of compensation we have noticed that learned single Judge of the High Court has called it only as "interim compensation". We would treat it as a provisional amount granted in respect of Kashmir Singh and therefore it is open to Kashmir Singh either directly or through any other person (as law permits) to institute a civil suit claiming compensation. The amount will be quantified by the civil Court after taking evidence and after estimating the extent of impairment or sufferings which Kashmir Singh is now inflicted with.

(4) REGARDING the criminal action to be launched against the culprits it is open to the petitioner to approach the Magistrate Court with a complaint or the police station with a petition for registering an FIR. Without prejudice the right of the petitioner regarding any of those remedies we dispose of this SLP.