A.K.SIKRI, MANMOHAN SINGH
Police Commissioner – Appellant
Versus
Yash Pal Sharma – Respondent
A.K. Sikri, J.
1. The Police Commissioner of Delhi, the then Assistant Commissioner of Police Shri Bal Kishan, Union of India and Delhi Administration (all appellants before us) were the defendants in the suit for recovery of damages filed by the respondent herein (hereafter referred to as the ‘plaintiff’). The plaintiff had claimed damages in the sum of Rs. 5 lacs from the appellants (hereafter referred to as the ‘defendants’) alleging that the police had used violent force against him in which he was also inflicted with serious injuries whereby his fundamental rights of life, liberty and personal safety as well as right of freedom and expression were violated. The learned Addl. District Judge (ADJ) has decreed the suit in the sum of Rs. 1,12,500/- vide judgment and decree dated 7.9.2002. Subject matter of this appeal is the said judgment and decree.
2. In the plaint filed by the plaintiff, he had alleged that on 25.2.1993, the Commissioner of Police had promulgated orders under Section 144 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code’) within the Union Territory of Delhi. The promulgation of these orders was not liked by some persons, inc
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