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IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBRAMONIUM PRASAD, HARISH VAIDYANATHAN SHANKAR
Court On Its Own Motion – Appellant
Versus
Mahender Singh Manan – Respondent
| Table of Content |
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| 1. overview of the case and initiation of proceedings by the court. (Para 1 , 2 , 3 , 4) |
JUDGMENT :
1. The present Criminal Revision Petition was instituted in the Suo Moto exercise of powers under Section 401 of the Code of Criminal Procedure, 1973, [CrPC], pursuant to the Order dated 29.03.2017 passed by this Court. This Court, on prima facie assessment, found that the Judgment dated 04.08.1986 passed by the learned Additional Sessions Judge, New Delhi, [Ld. ASJ] in Sessions Case No. 33/86 titled as State vs. Mahender Singh Manan & Ors, was unsustainable. The Ld. ASJ, by the said judgement, acquitted the two accused persons in the case of the alleged killing of one Shri Avtar Singh, a Sikh, during the riots which ensued in Delhi in the year 1984, in the aftermath of the assassination of Mrs. Indira Gandhi, former Prime Minister of India.
2. The assassination of Mrs. Indira Gandhi, former Prime Minister of India, in the year 1984, culminated in widespread riots in the entire city of Delhi. A devastating result of which, inter alia, was the death of several innocent Sikhs and the destruction of properties belonging to Sikh families and the Gurudwaras in the Raj Nagar A
The Court determined that the right to compensation under Section 357A of the CrPC is prospective and cannot be applied retroactively, thus affecting claims for incidents occurring before its enactme....
Victims of crimes are entitled to compensation under Section 357A of the Criminal Procedure Code, regardless of when the crime occurred, reflecting the duty of courts to ensure justice for victims.
The amended provisions of Section 357A of Cr.P.C. and the Victim Compensation Scheme, 2011 are applicable to incidents that occurred prior to their enactment, entitling victims to compensation and re....
The acquittal of an accused does not preclude a victim's right to compensation under the Odisha Victim Compensation Scheme if the victim meets eligibility criteria, as outlined in Section 357A of the....
The court confirmed that victims of acid attacks are entitled to significant compensation under the relevant victim compensation schemes, emphasizing the court's duty to act compassionately and in ac....
Section 357A of Cr.P.C. is extracted victim compensation scheme.
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