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DEEPAK ROSHAN
Maithon Power Limited – Appellant
Versus
State of Jharkhand, through the Chief Secretary – Respondent
JUDGMENT :
Deepak Roshan, J.
Petitioner has filed the instant writ petition praying therein for the following reliefs:-
(ii) For issuance of further appropriate writ/order/direction, including Writ of Declaration declaring that the activity of generation of electricity undertaken by the Petitioner-Maithon Power Limited falls within the category of ‘Essential Services’ and, thus, it is the responsibility of the Respondent-State of Jharkhand, including its officials to ensure that no hindrance is created in carrying out the aforesaid ‘Essential Services’ of generation of electricity, more particularly, preventing from laying of dead-bodies of workmen and consequently staging of protests
The right to live with dignity under Article 21 includes the right to a decent burial or cremation, obligating the State to prevent the use of dead bodies for protests.
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The court affirmed the right to burial in accordance with religious customs, emphasizing the need for designated burial grounds for minority communities to prevent discrimination.
The right to life guaranteed under Article 21 of the Constitution of India includes the right to dignity and respect, which extends to a person's dead body.
Involving disposal of dead bodies of Covid-19 victims after giving due consideration to various decisions of Hon-ble Supreme Court as well as other High Courts recognized the fundamental right of any....
The main legal point established in the judgment is the principle of strict liability, holding the respondents absolutely liable to compensate for the death caused by their negligence in maintaining ....
The liability of the respondents under the Electricity Act for negligence in maintaining electric wires and the entitlement of the petitioners to compensation.
Point of Law : Once an unnatural death is reported, it is the duty of the State machinery to complete the inquest and postmortem within a time frame and the body should be released to the bereaved fa....
Recovery of loss cannot be imposed without formal charges and an opportunity for explanation. Departmental enquiry cannot be initiated against a dead employee.
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