Enquiry and compensation
Rauf Jalal
(Querist) 11 November 2013
This query is : Resolved
Sir
My father was a doctor and was under security due to the reason he was on government posts were he had to take decisions which some people did not like.
After retirement he was still under security but few months back it was taken by the government without prior notice and even after my fathers continuous requests they did not restore the security.
Thus creating a loop hole in his security and terrorists got a chance and attacked him.
He was killed on August 2013. Now the police is not even investigating the matter nor helping us in any manner in the investigation.
I want to know can i file a case in the high court and ask the court to give directions to the police for investigation.
Also can i ask for a compensation from the government for creating a security lapse in my fathers security.
I am also an advocate who is practicing for nearly just 2 years and this tragedy happened. Hope you all will help me.
Sudhir Kumar, Advocate
(Expert) 12 November 2013
The continuation of security cover is the discretion of the Govt based on intelligence report. But discretion cannot be used without wisdom.
Mere fact that he has died of terrorist threat despite his protest against withdrawal of security cover, proves that the decision was wrong. This may be a cause of disciplinary action (or even )against some persons, depending upon the facts available in relevant files.
Sudhir Kumar, Advocate
(Expert) 12 November 2013
now coming to the compensation issue. Basically prima-facie, in view of traditional citation which you may have read in law of tort paper, no vicarious liability lies on state for action of servants if the action was in sovereign exercise of power.
But you may search website of NHRC as there had been contrary decisions as well
Dr J C Vashista
(Expert) 12 November 2013
I concur the views of Mr. Sudhir Kumar and would like to add to seek information through RTI for the government order for withdrawl of security and decide
P. Venu
(Expert) 12 November 2013
A matter could be taken up through a Writ Petition in the High Court or the Supreme Court.
malipeddi jaggarao
(Expert) 12 November 2013
The incident occured in August 2013. It is too early to come to the conclusion that the police is not taking any action.
As regards claiming compensation, first file an application with the Government seeking compensation. If they refuse, you can file a writ petition in High Court or SC. At that time you review the position of investigation and include in the prayer to issue direction to the police for investigation.
Adv. Chandrasekhar
(Expert) 12 November 2013
Yes. You should pursue the both - one for proper investigation by the police in the HC in writ jurisdiction and the other for seeking compensation to the loss of life.
Raj Kumar Makkad
(Expert) 12 November 2013
Well advised by experts so no more to add.
