Supreme Court of India

GANGA MALIK versus UNION OF INDIA & ORS. on 16 March 2018

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[2018] 4 S.C.R. 875

GANGA MALIK

v.

UNION OF INDIA & ORS.

(Writ Petition (Criminal) No. 201 of 2017)

MARCH 16, 2018

[A. K. SIKRI AND ASHOK BHUSHAN, JJ.]

Writ: Writ of mandamus – Writ petition filed by father of Sub-Inspector of Police who was killed when police party which consistedof his son proceeded to arrest miscreants – While chasing themiscreants, the miscreants fired which hit son of petitioner and as aresult he died – The prayer in writ petition was protection of life ofpetitioner and other family members; direction to State of West Bengalto expeditiously conclude the trial and direction to State to paycompensation for irreparable loss of losing her son – It was statedin writ petition that case was already registered and trial was goingon – In so far as trial of criminal case is concerned the law shalltake its own course – As regards the other reliefs, it is open for thepetitioner to approach respondent no.2 for appropriate relief – Bygranting said liberty to petitioner, writ petition is dismissed.

CRIMINAL ORIGINAL JURISDICTION : Writ Petition(Criminal) No. 201 of 2017.

Under Article 32 of the Constitution of India.

P. S. Patwalia, Sr. Adv., Ms. Natasha Dalmia, Harshika Verma,Sakshi Kakkar, Somiran Sharma, Advs. for the Petitioner.

Ms. V. Mohana, Kapil Sibal, A. M. Singhvi, Rakesh Dwivedi,Kalyan Banerjee, Sr. Advs. S. Wasim A. Qadri, Ms. Madhavi Divan,Ms. Nidhi Khanna, Ayush Puri, Mukesh Kumar Maroria, SuhaanMukherji, Kunal Chatterji, Raja Chatterjee, Ms. Nandani Mukherjee,Chanchal Kumar Ganguli, Piyush Sachdev, Adeel Ahmed, Ms. RunaBhuyan, Ms. Nandini Sen Mukherjee, Advs. for the Respondents.

The Judgment of the Court was delivered by ASHOK BHUSHAN, J. 1. The petitioner’s case in this writpetition is that her son, Amitava Malik, Sub-Inspector of Police waskilled on 13.10.2017 when Police party which consisted of Amitava Malik

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Aproceeded to arrest several accused who were camping at south bankof river Chhota Rangeet, P.S. Sadar, Dajeeling. While chasing themiscreants the Police personnel were fired upon in which Amitava Malikson of the petitioner died. The petitioner in this writ petition has prayedfor the following relief:

Ba) Issue a writ of mandamus or any other appropriate writorder or direction to the respondents to ensure that thepetitioner and her family’s life is protected;

b) Issue a writ of mandamus or any other appropriate writorder or direction to respondent No.2, State of West BengalCto expeditiously conclude the trial in Sadar PS Case No.213dated 13.10.2017 preferably within a time bound mannerand punish the culprits;

c) Issue a writ of mandamus or any other appropriate writorder or direction to the respondent to pay compensation toDthe petitioner for the irreparable loss of losing her son whichcannot be quantified in monetary terms.

2. Petitioner in the writ petition has stated that Case No.213 hasalready been registered in P.S. Sadar in which charge-sheet has alsobeen submitted and trial is going on. In so far as trial of criminal case isEconcerned the law shall take its own course. In so far as other reliefs,we are of the view that it is open for the petitioner to approach respondent No.2 for appropriate relief.

3. By granting the aforesaid liberty to the petitioner, the writ petitionis dismissed.

F

Devika Gujral Writ Petition dismissed.

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H

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