1. The present petition by Prempal (Petitioner No.1), his wife, Munni Devi (Petitioner No.2) and his four children (Petitioners 3 to 6) claims compensation for the undue harassment that Prempal and his family have been subject to at the hands of the Delhi Police. The judgment of the learned ASJ

2. The basis for the claim is a judgment dated 28th September 2004 passed by the Additional Sessions Judge (ASJ), New Delhi in SC No. 29 of 2002 (State v. Prempal) acquitting the Petitioner of the offence under Section 376 IPC. In the process, the learned ASJ observed:

“This case is a glaring example that the poor in this country have no say and if they cry for justice, their cries fall on deaf ears. They are made to suffer and pay by their life and liberty, when they complain against police officials.”

3. After narrating the long history of the suffering undergone by Prempal, at the hands of the police for about 15 years in a number of false cases, including the one in which he was being acquitted, the learned ASJ concluded: “I consider that this is an eye-opener case, which reveals the manner in which police lets off real culprits and falsely implicates innocent persons, who dare ask for justice or who want erring police officials to be brought to book. The police torture of Prempal has converted him into a living corpse. It is a case which shows that police force has persons of criminal character in it, who are out to damage the whole institution and needed to be weeded out. It is recommended that all police officials who were involved in framing Prempal in different cases be given exemplary punishment and Prempal be adequately compensated for loss of valuable years of life and wrongful imprisonment for several years and his harassment for 15 years and physical and mental torture. Copy of this judgment be sent to Commissioner of Police, New Delhi for necessary action.”

4. What is significant as far as the present proceedings are concerned is that the above judgment of the ASJ has attained finality since no appeal was filed against it by the Delhi Police. When on the basis of the above judgment, Prempal and his family members made a claim for compensation by serving a legal notice dated 28th January 2006, they received no response. Prempal and his family state that they still live under the fear of harassment by the police. It is stated that even after the above acquittal, Prempal has been falsely implicated in yet another case FIR No. 893 of 2005 registered at Police Station Sangam Vihar, the quashing of which is also sought in the present writ petition. In pages 73 to 76 of the writ petition, details have been given of the cases in which Prempal and his family members were arraigned as accused, the period of time spent by each of them in jail and the break-up of their claims for compensation. Affidavits and written submissions of the parties 5. This Court had, by an order dated 12th February 2007, directed the Respondents to file an affidavit indicating the action taken by them pursuant to the recommendations/directions given by the learned ASJ. The Respondents sought time on 29th January 2008 to place on record a copy of the departmental inquiry report before the court.

6. On 9th January 2007, an affidavit of denial was filed by the Delhi Police. It was maintained that Prempal had never been implicated falsely; that he and his son Sanjay Kumar were “noted criminals” in the records of PS Sangam Vihar and that they were arrested and charge-sheeted for their “criminal acts”. Even while not denying that the Petitioner No. 1 has been convicted in 5 cases and “acquitted in some cases by Hon?ble Court after due course of trial”, it was stated that the “police officials have acted as per the provisions of law and performed the lawful duties assigned to them”. It was contended that “the action of respondent never resulted in the violation of the human rights”.

7. On 24th March 2007, an affidavit of H.M. Meena, Deput