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SANJAY KISHAN KAUL, ABHAY S. OKA, VIKRAM NATH
Shakeel Ahmed – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Abhay S. Oka, J.
FACTUAL ASPECTS
1. The city of Mumbai had a torrid time from 6th December 1992 till 12th March 1993. Mumbai witnessed perhaps the worst mob frenzy, violence, communal tension and riots from 6th December 1992 to 10th December 1992 and from 6th January 1993 to 20th January 1993. There were many incidents of arson and violence resulting in a large-scale loss of lives and damage to properties. The Police resorted to firing at many places. Ultimately, Army was called to aid the civil administration. Thereafter, the situation was gradually brought under control. When the citizens of Mumbai were about to breathe a sigh of relief, there were serial bomb blasts in various parts of the city on 12th March 1993. In December 1992 and January 1993, there were about 900 deaths, 168 persons were reported missing and about 2036 persons suffered injuries. As a result of the serial bomb blasts of 12th March 1993, there were 257 deaths and 1400 people were injured.
2. The Government of Maharashtra by a notification dated 25th January 1993 constituted a Commission under the
The government is obligated to implement the recommendations of a Commission once accepted, and must provide timely compensation and legal aid to victims.
The Human Rights Commission has the power to recommend compensation but not to direct its payment.
The court underscored the state's liability for custodial deaths and established a precedent for compensating victims against police violence.
(1) Sectarian violence and strife in Manipur – Clashes between Kuki and Meitei Communities – Victims of violence must receive remedial measures irrespective of their community – There is a pressing n....
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