The central legal point established is the State's liability for compensation under public law jurisdiction for breach of public duty, independent of private law action.

By this writ petition the petitioner, a grief-stricken mother lost his son on 11.07.2011 allegedly for fire opened by the respondent No.8 who was holding the position of Assistant Commandant, 11th Bn. of Tripura State Rifles or the personnel who accompanied him at the relevant point of time.

2. The petitioner's son, namely Papai Saha was an energetic young man. For premature death of his father, he discontinued his education and joined hands with his elder brother for running a business of steel utensils at the Hawker's Corner, Agartala. On the fateful day, the Indian National Congress(I) organised an agitation, which went berserk in front of West Agartala Police Station and suddenly it resulted in wholesome deterioration of law and order situation. The tranquil city turned turbulent within a moment. The allegation of the petitioner in the writ petition is that the wife of the respondent No.8 was purchasing some gold ornaments from a jewellery shop, called ‘Shyam Sundar Co. & Jewellery’ when the said turbulence broke out. As a result, the respondent No.8 sent the armed TSR personnel to rescue his wife from the said jewellery shop. Without any provocation they open fire from their sophisticated weapons and the youngest son of the petitioner fell prey to the bullets fired by them. When her son was taken to the GBP hospital, he was declared dead. From the post-mortem report (Annexure-P/2 to the writ petition), it is clear that petitioner's son died out of the bullet injury.

3. On 16.07.2011, having recovered from the sudden grief petitioner's elder son filed an ejahar in the West Agartala Police Station, which was initially reluctant to register any case. However, later on West Agartala P.S. Case No.235 of 2011 under Section 302/34 of the IPC was registered against unknown TSR personnel. The petitioner has also averred that the Police Accountability Commission, Tripura inquired into that police action suo motu and the order dated 08.08.2011 passed in suo motu complaint No.14 of 2011 was sent to the Director General of Police, Government of Tripura, Agartala. The said order dated 08.08.2011 has been signed by all the members of the Commission and its Chairman. On the basis of certain media reports about the mob-violence and the police firing on 11.07.2011 around Kaman Chowmuhani area, Agartala, which resulted in the death of one Papai Saha, the son of the petitioner, aged 20 years, the Commission took up an inquiry as they were prima facie satisfied that the said incident required to be inquired into. According to their report, there are prima facie evidence to take a view that Papai Saha sustained fatal bullet injuries from a gunshot by a member of the police force. The said order dated 08.08.2011 has observed inter alia, as under:

“Right to life is a basic human right preserved by our constitution as fundamental right. Infringement of that right is a major misconduct within the meaning of section 66(2) of the Tripura Police Act, 2007 calling for an inquiry by the Commission. Hence this inquiry.

We have not officially received any information from police as to whether any regular investigation into the death of Papai Saha has been set in motion. We believe it has been done. If not we direct that it should be done immediately.

While it is within the exclusive jurisdiction of the police to investigate into the occurrence find out and prosecute the person responsible for the alleged offence, the job of the Commission is to see whether the police did act within the limits of the law wherefrom it derives its powers, the accountability of the police being to the rule of law only.

As regards the decision to open fire, the Supreme Court has laid down certain important guidelines in Naga People's Movement for Human rights Vs. Union of India. It is fact that the police in India to-day have to perform a difficult task particularly in deteriorating law and order situation, political turmoil, student unrest, communal riots and terroris