Other

23 Feb 2012

In power

A court

Acted

Court

In a suo motu petition, the Supreme Court (Swatanter Kumar and B.S. Chauhan JJ) disposed of the case with directions. Justice Kumar held that the decision to evict the sleeping crowd suffered from arbitrariness and, to some extent, abuse of power, that it was not a case of emergency, and that he could not hold the order or its execution mala fide. Justice Chauhan, concurring in the directions, held that the procedural violations amounted to malice in law and a violation of human rights. The Court ordered ad hoc compensation of Rs 5 lakh for Rajbala's death, Rs 50,000 for each person with grievous injuries admitted to hospital and Rs 25,000 for each person with simple injuries, with the Trust to pay 25 percent in cases of death and grievous hurt; disciplinary action against police who threw bricks, used lathis or excessive tear gas; and criminal cases against both police personnel and members of the gathering who damaged property or threw bricks. [1]

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