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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH, KOHIMA BENCH
YARENJUNGLA LONGKUMER
Tsufuchu And Ors. S/o T. Yeteli – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. procedural context and factual background of the incident. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. parties' contentions regarding incident details, compensation, and procedural objections. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 3. court's findings on the facts and the responsibility of state actors. (Para 13 , 14) |
| 4. public law doctrine of strict liability for fundamental rights violations. (Para 15 , 16 , 17 , 18 , 19) |
| 5. final order granting compensation for constitutional violations. (Para 20 , 21 , 22 , 23) |
JUDGEMENT AND ORDER :
YARENJUNGLA LONGKUMER, J.
The instant writ petition has been filed by the 3 (three) petitioners with the following prayers:-
i) to direct the Respondents that 1(one) family member of each petitioner no. 1,2 and 3 be given employment in the government service within the State or Central Department.
ii) Pass an order of monetary amends as a mode of redressal by ordering the Respondents to pay compensation amount of Rs.50 lakhs (Rupees fifty lakhs) each in favour of petitioner No. 1 and 2 who are the biological brothers of deceased Aso and Tüzali for flagrant infringement of Article 21, 14 and 15 of the Constitution; for depriving them of their right to life an
Compensation under public law is a remedy for infringement of fundamental rights, emphasizing state accountability for actions leading to injury.
Point of Law : Court in exercise of extraordinary power under Articles 226 and 32 of the Constitution, therefore, would not award damages against public authorities merely because they have made some....
Point of law: Whenever a fundamental right is violated, and damages suffered, a writ court under Article 226 of the Constitution of India shall not hesitate to order payment of adequate compensation.....
The court underscored the state's liability for custodial deaths and established a precedent for compensating victims against police violence.
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