Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Public Interest Litigation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Constitution of India, 1950, Art. 32-Police firing-Some persons killed and several others injured-Payment of compensation-Necessity for Public Interest Litigation-Police firing-Some persons dying and several others injured-Payment of compensation-Necessity of. The petitioner-an organisation, said to be committed to the up-holding of fundamental rights of citizens, filed an application under Article 32 of the Constitution alleging that there was a dispute relating to possession of 26 decimals of low lying land at Arwal between members of a rich Rajak family on one side and members of nine poor families on the other; and that on April 19, 1986, the members of one community mostly belonging to the backward classes assembled in the compound of Gandhi library at Arwal for holding a peaceful meeting. At that time, the Superintendent of Police reached the spot with police force, surrounded the gathering and without any warning or provocation opened fire, as a result of which several people were injured and at least 21 persons including children died. The police, it was also alleged, started a false case implicating several innocent people to cover up the aforesaid atrocities. The petitioner in the writ petition prayed: (i) Full and proper compensation should be awarded to the victims-relations of the dead and to those injured by the police firing; (ii) A direction be given for withdrawal of the police case; (iii) Direction for settlement of the land in dispute with the nine poor families; and (iv) transfer of the writ petition pending in the Patna High Court to this Court for hearing. During the pendency of the Writ Petition, the State Government held a judicial inquiry into the aforesaid incident by a Member of the Board of Revenue, and, awarded compensation to the heirs and relations of a few of the dead people to the tune of Rs. 10,000 each. |
Judge | Honble Mr. Justice Ranganath Misra |
Neutral Citation | 1986 INSC 273 |
Petitioner | Peoples` Union For Democratic Rights |
Respondent | State Of Bihar & Ors. |
SCR | [1987] 1 S.C.R. 631 |
Judgement Date | 1986-12-19 |
Case Number | 369 |
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