The main legal point established is that compensation for contravention of fundamental rights guaranteed by the Constitution is an acknowledged remedy and can be awarded under Article 226 of the Constitution, in addition to the private law remedy for damages.

Ashutosh Mohunta, J.

1. C.M. No. 6462 of 2004 is allowed. Photocopy of the judgment dated 1.3.2004 passed by the Additional Sessions Judge, Ludhiana, convicting Darshan Singh, Mehar Singh and Sarabjit Singh accused under Sections 364, 302, 120-B and 201, I.P.C., is taken on record as Annexure P13.

2. The prayer made in this petition under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature of mandamus directing the official respondents to pay compensation to the tune of Rs. 25 lacs and also for allowing monthly maintenance allowance to the petitioner on account of the alleged murder of her husband Tarvinder Singh by respondent Nos. 7 to 12.

3. According to the petitioner, her husband Tarvinder Singh was forcibly picked up by the police officials, who have been arrayed as respondent Nos. 7 to 12 in the present writ petition, on the night intervening 30th/31st March, 1993 at about 11 P.M. after scaling the wall of the house and was brutally murdered and the dead body was thrown in a canal near village Barde-Ke, F.I.R. No. 73 dated 7.7.1993 under Sections 302, 364, 201, 149, 120-B read with Section 34, I.P.C., was registered at Police Station Payal, District Ludhiana, challan against the accused was presented in the Court of Illaqa Magistrate and one Hawaldar Amarjit Singh confessed the commission of crime by him along with respondent Nos. 7 to 12 and turned approver. He got his statement recorded under Section 164, Cr.P.C. The trial commenced against respondent Nos. 7 to 12. Ultimately, vide judgment dated 1.3.2004 the Additional Sessions Judge, Ludhiana, convicted Darshan Singh (respondent No. 7), and Mehar Singh accused for the offence under Sections 364, 302 read with Section 120-B, I.P.C., while Sarbjit Singh accused (respondent No. 12) was convicted for the offence under Section 201, I.P.C.

4. The petitioner approached the authorities concerned for grant of compensation on the basis of the allegation that her husband was murdered by the Police authorities. However, no compensation has been awarded to her. Consequently, she has filed the present writ petition for grant of compensation to her on the ground that her husband Tarvinder Singh was allegedly murdered by the Police personnel in connivance with accused Mehar Singh, Sarpanch of the village. The petitioner has placed reliance on the instructions issued by the Government of Punjab vide letter dated 20.10.1994 (Annexure P-3) for payment of compensation to the families of persons who were killed by the terrorists/security forces.

5. The respondents filed their respective written statements. In the written statement filed by the Deputy Commissioner, Ludhiana (respondent No. 4) a plea has been taken that the instructions dated 20.10.1994 (Annexure P-3) are not ipso facto applicable to the facts appearing in the present case. It has been averred that it has yet to be proved whether or not the husband of the petitioner was abducted/murdered by the security personnel. Further it has been stated that the matter is still subjudice. Other respondents have taken a plea of denial simplicitor.

6. It has been contended by the learned counsel for the petitioner that Hawaldar Amarjit Singh turned approver in this case and he specifically named the police personnel in the brutal murder of Tarvinder Singh, husband of the petitioner. The counsel relied upon the statement (Annexure P-2) of said Amarjit Singh. He also placed reliance on the letter dated 20.10.1994 (Annexure P3) issued by the Department of Relief and Rehabilitation wherein instructions have been given to all the Deputy Commissioners in the State of Punjab to pay monetary compensation to the close relatives of innocent persons killed by the terrorists or by the security forces.

7. In the present case, though I do not intend to make any comment upon the role of the Police personnel in the killing of Tarvinder Singh as litigation is still going on, yet from the statement of Hawaldar Ama