The right to life and personal liberty includes the right to be compensated when violated by the State or its functionaries, as established under Article 21 of the Constitution of India.

HASNAIN MASSODI, J.

1. Facts are not in dispute. Abdul Rashid Reshi, S/o. Gh. Mohd. Reshi, R/o. Samboora, Pulwama, husband of Petitioner No. 1 and father of Petitioner Nos. 2 & 3, was on 05.08.2010, hit by a bullet, when Railway Protection Force under the orders of Sh. M. Govind Raju, Assistant Commandant 9th Bn. opened fire to disperse a mob at Samboora, District Pulwama. Victim, a Coppersmith by profession, was at the time of unfortunate occurrence, pulling down shutter of his shop. He was immediately shifted to SKIMS, Soura, Srinagar in an injured condition, where he remained as indoor patient for a few months. The firearm injury damaged his brain and injury lead to complications like nervous breakdown, nephrological disorder and bed sores. He became crippled and reduced to vegetative state. The injured after prolonged hospitalization succumbed to his injuries on 11.06.2011, only after his medical treatment consumed all his assets, leaving his widow and young children high and dry. Petitioner was 36 years of age at the time of his death earned his livelihood by working as a coppersmith and had an income of Rs. 20,000/- per month. The untimely death of only bread winner of the family has left the petitioners without any source of livelihood.

2. Respondents do not dispute firing incident. It is also not disputed that fire was opened by a contingent of Railway Protection Force headed by Shri M. Govind Raju and one of the bullet fired, hit the deceased in his head. Respondent Nos. 9 and 10 however, seek to explain the incident by stating that the Railway Protection Force while travelling in Tata Sumo No. PB05M-1140 towards Railway Station, Kakapora, was at 18.15 hrs attacked by an unruly mob near Forest Check post Samboora; that the mob pelted stones on the vehicle and even tried to set it on fire; that the Head Constable Girver Singh, Ct. Surjit Singh, Ct. Rajinder Prasad and Ct. Radhey Shyam and Driver Surjit Singh sustained injuries in the occurrence and the vehicle was also damaged; that Sh. M. Govind Raju, Assistant Commandant 9th Bn. Railway Protection Force ordered the Railway Protection Force personnel to open fire with a view to disperse the unruly mob. It is admitted that the occurrence lead to registration of FIR No. 146/2010 under Section 307/332/148/149341/336/427 RPC dated 05.08.2010 at Police Station, Pampore, as the Police Station at Kakapora was set ablaze in 2010.

3. Respondents 4 to 6, however, admit that the victim aged 36 years a coppersmith by profession received bullet injury in the firing incident involving Railway Protection Force; that he though admitted in Hospital and given medical treatment, finally succumbed to injuries.

4. Petitioners in their rejoinder affidavit reiterate that the Victim-husband of Petitioner No. 1 was on 05.08.2010 critically injured in a firing incident involving Railway Protection Force at Samboora and latter succumbed to injuries on 11.06.2011. Petitioners insist that they had a right to invoke writ jurisdiction of court to seek compensation from respondents. It is insisted that the deceased a coppersmith by profession, was closing his shop when he received bullet injury and was not involved in any subversive activity. It is pleaded that respondents are under constitutional obligation to compensate the petitioners for the irreparable loss they have suffered.

5. I have gone through the pleadings as also the record available on file. I have heard learned counsel for the parties.

6. The firing incident that claimed life of the petitioner is not disputed by the parties. An attempt is made by Respondent Nos. 9 and 10 to explain the circumstances in which the Railway Protection Force personnel were forced to open fire. Their case is that the officer accompanying the personnel directed them to open fire to disperse an unruly mob that was adamant to harm the life of Railway Protection Force personnel and set on fire the vehicle in which they were travelling. It is insisted that t