S. Muralidhar, J.

Introduction

1. On 31st March 1997 at around 2.30 pm outside Dena Bank at the Outer Circle of Connaught Place, New Delhi, thirteen policemen led by Assistant Commissioner of Police Satyavir Singh Rathi (hereafter "ACP Rathi") surrounded a Maruti Esteem car and fired at it from all directions. Two of the three occupants of the car, Shri Pradeep Goyal and Shri Jagjit Singh were killed instantaneously. Grievous injuries were caused to the third occupant, Shri Tarun Preet Singh. For the dastardly killing, ten of the policemen including ACP Rathi were convicted u/s 302 IPC read with 120B IPC and various other related offences by the learned Additional Sessions Judge ("ASJ") by a judgment dated 16th October 2007 and sentenced to life imprisonment by a consequential order dated 24th October 2007. The appeals by the convicted policemen were dismissed by this Court on 18th September 2009. Their further appeals were dismissed by the Supreme Court on 2nd May 2011.

2. Smt. Neema Goyal, wife of Pradeep Goyal has filed W.P. (C) 4756 of 1997 claiming compensation of Rs. 2 crores from the Union of India in the Ministry of Home Affairs ("MHA"), and the Commissioner of Police, Delhi (Respondents 1 and 2) for the wrongful killing of her husband. Smt. Jaspal Kaur, wife of Jagjit Singh has filed W.P. (C) 5405 of 1997, claiming an identical relief.

3. Inasmuch as the facts of the case stand established by the prosecution and the guilt of the police personnel involved comprehensively proved beyond reasonable doubt, these petitions do not involve disputed questions of facts. The findings of the trial court on facts have been affirmed by this Court and the Supreme Court.

Factual background

4.1 The facts are that on 31st March 1997 Jagjit Singh and Tarun Preet Singh, both hailing from Kurukshetra, Haryana reached the office of Pradeep Goyal near the Mother Dairy in Patparganj, Delhi at about 1 pm. Pradeep Goyal told them that he had some work at the Dena Bank in Connaught Place. He asked them to accompany him. The three left in a blue Maruti Esteem car UP 14 F 1580 belonging to Pradeep Goyal.

4.2 One Mohd. Yaseen was wanted by the Delhi Police and the police of other states in several criminal cases. He was being tracked by the Inter-State Cell of the Crime Branch of the Delhi Police. His telephone calls were monitored and tracked by Inspector Ram Mehar. ACP Rathi was in charge of the Inter-State Cell. He received information that Mohd. Yaseen would be visiting a place near the Mother Dairy at Patparganj at about 1.30 pm on 31st March 1997. ACP Rathi directed Inspector Anil Kumar to keep a watch near the Mother Dairy. Inspector Anil Kumar was present when Tarun Preet Singh and Jagjit Singh met Pradeep Goyal in his office. Inspector Anil Kumar mistook Jagjit Singh, who was a cut haired Sikh (i.e., without a turban but sporting a beard), for Mohd. Yaseen. Inspector Anil Kumar then was accompanied by Head Constable Shiv Kumar and Constable Sumer Singh. He called ACP Rathi for reinforcements.

4.3 ACP Rathi with the police party consisting of 12 persons left the Inter-State Cell office at 1.32 pm. Two of the policemen were armed with AK-47 rifles and others with revolvers. ACP Rathi was carrying a 9 MM pistol. The Maruti Esteem car stopped at Dena Bank, Connaught Place at 2.00 pm. Pradeep Goyal emerged from the Bank at about 2.30 pm and after giving instructions to his employees sat in the Esteem car on the front left seat whereas Tarun Preet Singh was in the rear seat. The car driven by Jagjit Singh had moved towards Barakhamba Road when it halted at the red light. At that time the two police parties, one headed by ACP Rathi and the other by Inspector Anil Kumar joined forces. The car was immediately surrounded by the police officials and fired upon from all sides resulting in the instant deaths of Pradeep Goyal and Jagjit Singh and grievous injuries to Tarun Preet Singh. The three occupants were removed to the Ram Manohar Lohia Hospita