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2000 Supreme(Bom) 148

IN THE HIGH COURT OF BOMBAY
(AURANGABAD BENCH)
B.H. Marlapalle D.S. Zoting, JJ.
Council for Protection of Human Rights..... Petitioner.
Versus
The State of Maharashtra others..... Respondents.
Criminal Writ Petition No. 475 of 1999, decided on 29-2-2000.
Advocates appeared :
M.A. Latif, for the petitioner.
E.P. Sawant, Govt. Pleader, for respondent Nos. 1 and 2.
Pradeep Deshmukh, Standing Counsel, for respondents Nos. 3 and 4.

Headnote:Article 226-Police atrocities - Liability of the State for crimes committed by Government employees.-It is well established that for the crimes committed by the Government employees the State is liable to pay compensation to the victims by way of .vicarious liability if such crimes have been committed in the Government premises and compensation can be granted by the High Court to the victims for established breach of fundamental rights in addition to the private law remedy for tortious action and punishment to the wrong doer under the criminal law. However, before such a claim is required to be considered, it is necessary that a designated investigating agency authority records its findings after hearing all the concerned parties and the charges of crimes or atrocities and or deprivation of fundamental rights at the hands of police are duly established. JT 2000 (1) SC 426, 1997 (1) SCC 416, Ref. 2000 (5) Bom CR 821.

JUDGMENT - B.H. MARLAPALLE, J.:---The petitioner namely Council for Protection of Human Rights at Aurangabad, claims to be an organisation formed for the protection of human rights and also to voice against the violation of human rights. It does not appear to be an organisation which has registered itself under a relevant statute of the State or the Central Government and the learned Counsel for the petitioner stated that after filing the petition in the nature of a Public Interest Petition, it has taken steps to register itself and the application for such a registration is pending before the Assistant Charity Commissioner at Aurangabad for registration under the Societies Registration Act, as well as under the Bombay Public Trusts Act. In this petition the prayers made are substantially as under :-

(i) The Central Bureau of Investigation be directed to investigate the whole incident of police violence that has allegedly taken place on 6-12-99 on the premises of Vikram Stadium (a police ground) at Aurangabad.

(ii) To direct to pay an amount of Rs. 10,00,000/- as a compensation to the near relations of a person who lost his life and similar amount be paid to the lady victims whose modesty was outraged by the Police.

(iii) To direct to pay an amount of Rs. 2,00,000/- to those victims who got severe injuries and Rs, 1,00,000/- to those who got minor injuries.

(iv) To direct to suspend all the Police persons involved in the incident of alleged violence on 6-12-1999, and

(v) Respondent No. 2 be directed not to arrest the victims and other innocent persons by involving in false cases and to follow the guidelines of the Hon'ble Supreme Court in the case of (Joginder Kumar v. State of U.P.)1, 1994(4) S.C.C. 260.

2.It is the case of the petitioner organisation that on 6-12-1999 it was decided to stage Dharna at several places in the Aurangabad city by the Samajwadi Party and Muslim Action Committee but on the request of the Police Commissioner the place for Dharna was confined only to Nizamuddin Chowk. While these activists were holding Dharna on 6-12-1999 between 1 a.m. and 3 p.m. they were arrested by the Police and taken in Police vans to the Vikram Stadium which is located in the campus of the Police Commissionerate at Aurangabad. This first Dharna was by the Samajwadi Party and at about 3 p.m. when Dharna at the instance of the Muslim Action Committee was undertaken the Police again arrested the activists and they were all taken to Vikram Stadium in the Police vans. The total number of persons who were arrested and taken to Vikram Stadium were around 1500. The arrested persons were provided meals by the Samajwadi Party and they had offered their mid-day prayers at about 3 p.m. When they sought permission to return to their homes, the Police Commissioner allegedly did not allow them to leave Vikram Stadium premises. The authorities did not make any provision for civil amenities like drinking water, toilet, etc. and there was an alteration between the detenues and the Police Officers. The Police Officers closed the doors of the Vikram Stadium and heavy stone pelting started by the Police from outside the stadium on the mob detained at about 4 a.m. and there was an air fire which is a signal for the Police and the S.R.P. The members of the mob were mercilessly beaten, subjected to heinous attacks and inhuman treatment at the hands of the police force. Some lady corporators were also mercilessly beaten, more than 100 persons had received injuries (photographs in this regard have been attached to the petition). Some journalists were also present on the spot allegedly at the instance of the Police Commissioner and when they sought to interview the Police Commissioner on the eruption of violence instead of receiving the information they received a brutal attack from the police and about 12 pressmen journalists also fell victim to these violent attacks by the Police. Allegations have also been made that there was widespread looting of ornamen















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