ORDER

[Order of the Court was delivered by N.MALA,J.]

Writ Petition is filed for issuance of a writ of Mandamus, directing the Respondents 1 and 2 to pay compensation of a sum of Rs.5,00,000/- for the permanent disability caused to the petitioner in the police firing and direct the respondents to give a suitable job and further order the withdrawal of the criminal case bearing No.452 of 2001.

"To deny people their human rights is to challenge humanity."

..Nelson Mandela This is a typical case of violation of human rights by no less an authority but the state. We all know human rights are those fundamental rights which every man and women on earth possesses by virtue of having been born as a human being. With this preface we venture to discuss and decide this case.

2. The brief facts of the case necessary for consideration of the relief sought in the writ petition are as follows:

The petitioner was a resident of Kamanthotti village. The petitioner was a student of Standard XI in Hosur Government Boys Higher Secondary School. According to the petitioner, besides studies, he also used to deliver milk to the nearby hotels in the morning and earning around Rs.1,000/- as monthly income. According to the petitioner, on 18.10.2001, Local Body Election (Second Phase) of the petitioner's panchayat was held and an Election Booth was set up in the primary school of the petitioner's village. The primary school, in which the election booth was set-up was situated in a commercial area of Hosur Krishnagiri National Highways. The petitioner's further case was that, in view of the election on

18.10.2001, public holiday was declared for the schools and while he was returning home after distribution of milk to the hotels, he saw a crowd near the Kamanthotti Panchayat Elementary School. He found that the police officials from shoolagiri Police Station were ordering the shop keepers around the primary school to shut down the shops, the police ransacked the shops which were not closed at 7:25 a.m. The circle Inspector of shoolagiri Police Station, Mr.Parthiban arrived and he joined the other police men. The policemen ransacked the shop of one Rajammal, who ran a petty shop and were throwing away the gunny bags containing provisions. The said Rajammal questioned the policemen, on the high handed behaviour, which enraged the policemen and they started abusing and hitting her with their lathi. Her sons, who were nearby, came to rescue her and on seeing this heartrending incident about 30 villagers gathered and questioned the policemen for their unlawful behaviour. The policemen lathi charged the villagers and the circle Inspector Mr.Parthiban, without any provocation and without any warning took out his pistol and opened fire. The petitioner, a 16 year old at that time was standing nearby, watching the whole incident. On seeing the crowd running helter-skelter because of the firing, the petitioner tried to flee but was hit by a bullet in his right ankle and fell un-conscious. Along with the petitioner two other persons were also injured in the said firing. The petitioner was admitted in the Government Hospital, Hosur at 9:10 a.m. by the villagers, but the Doctors there, advised them to take him to Government Hospital at Bangalore so as to remove the bullet. The petitioner was admitted in the hospital and the bullet was also removed. The petitioner was treated in the hospital till 24.12.2001, and thereafter also the petitioner visited the hospital as Out-patient for nearly one year for monthly checkups, for the injury sustained by him. Due to the disability caused by the injury, the petitioner was forced to dis-continue his studies at Hosur Government Boys Higher Secondary School and had to join shoolagiri Government Higher Secondary School, which was nearer to his residence. According to the petitioner, due to the injury, he could not pursue his studies in an institution of his choice. The policemen, in order to justify the unwarranted firing lodged a crimi