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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

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.

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