2013 ACJ 2215
IN THE HIGH COURT OF KERALA AT ERNAKULAM
[W.P. (C) No. 9963 of 2012; decided on 20.12.2012)
Vibin
Versus
State of Kerala and others
📌Constitution of India, Articles 226 and 21 Writ Maintainability of Right to life and personal liberty-Violation of Police atrocity-Compensation- Liability of State Sovereign immunity-A lawyer was returning home on his motor cycle after watching movie when police squad on patrol duty intercepted his vehicle and cane-charged him brutally and he lost 5 teeth- Injured filed writ petition claiming compensation contending that Home Guard has no authority under law to manhandle the petitioner-Photographs showing profuse bleeding from teeth socket of upper jaw and blood splashed on motorbike-Defence that Home Guards directed motorcyclist to stop for checking but he did not obey the signal and a Home Guard who was at a distance of 80 metres tried to stop the motor cycle by stretching and waving his lathi, which resulted in grievous hurt and losing of five teeth-Home Guards contended that they were doing their official duty-Whether High Court can grant compensation in exercise of its jurisdiction under Article 226 to the victims of police atrocity who suffered infringement of their right to life and personal liberty-Held: yes; State directed to pay Rs. 50,000; government may recover the amount from wrongdoers.