The Sessions Court acquitted Rani in 1982 itself. But she was released only in 2002. whether Rani can claim any compensation against the State.

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  • The Sessions Court acquitted Rani in 1982 itself. But she was released only in 2002. whether Rani can claim any compensation against the State.
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Answer:

As per Art. 21 of the Indian Constitution, Rani can claim any compensation against the State for her release only in 2002 while her acquittal was in 1982 itself.

 

The right to life and liberty under Art. 21 includes compensation for recklessness on the part of State officials.

 

In Shakila Abdul Gafar v. Vasant Raghunath Dhokle, AIR 2003 4567, the Court held that due to various discrepancies, though the acquittal of the accused was proper, the government was directed to pay compensation of Rs.1,00,000/- to the mother and children of the deceased.

 

In Rudal Shah v. State of Bihar, (1983) 4 SCC 141, the Supreme Court directed the Bihar Government to pay “Compensation” of Rs. 30,000/- to Rudal Shah who had to remain in the jail for 14 years, because of the irresponsible behaviour of the Sate Government Officers even after his acquittal. From this ruling that the Court can order payment of Compensation to victims of State violence.

Last Updated On January 29, 2018
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