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Munger Firing Incident: Supreme Court Upholds Patna HC Order Granting 10L Compensation To Bereaved Family Pending Investigation

LIVELAW NEWS NETWORK
5 Jun 2021 5:45 AM GMT
Munger Firing Incident: Supreme Court Upholds Patna HC Order Granting 10L Compensation To Bereaved Family Pending Investigation
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The Supreme Court on Friday dismissed an SLP filed by the Bihar Government, challenging Patna High Court's order for payment of Rs.10 Lakh compensation to the father of an 18 years old boy Anurag Poddar, who died in October last year in the Munger Maa Durga Pooja firing incident. The High Court had granted compensation to the bereaved family, pending investigation into the firing...

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The Supreme Court on Friday dismissed an SLP filed by the Bihar Government, challenging Patna High Court's order for payment of Rs.10 Lakh compensation to the father of an 18 years old boy Anurag Poddar, who died in October last year in the Munger Maa Durga Pooja firing incident.

The High Court had granted compensation to the bereaved family, pending investigation into the firing incident. It had held that State is duty-bound to protect the lives of its citizens and determination of culprit is irrelevant for the purpose of granting compensation in case of violation of right to life.

Determination Of Culprit Not Relevant For Granting Compensation; State Bound To Protect Lives Of Citizens: Patna High Court

Stating that if finds no ground to interfere with the above judgment, a Bench of Justices Indira Banerjee and MR Shah dismissed the petition.

Background

The said firing incident occurred in October 2020, during the Durga Puja idol immersions in Munger. As per the authorities, problem of law and order arose during the procession and the people participating in the procession turned into unlawful and unruly assembly, and started pelting stones and opened fire on security forces.

The Petitioner on the other hand claimed that the Munger Police led by then Superintendent of Police did not follow the procedures provided under the Bihar Police Manual in the matter of resorting to firing on a crowd, and they indulged in indiscriminate and brutal firing on the devotees.

He alleged that the Police personnel did not resort to any alternative method to control the crowd and relied on an internal report of the Central Industrial Security Force (CISF) which stated that the bullet firing was initiated by Munger Police. Certain allegations with respect to unfair investigation were also raised.

The Court accordingly decided to monitor the investigation. It also found from the facts of the case that the Petitioner's son was unarmed in the procession, and there was no allegation that he was indulged in any unlawful act.

Thus, it had directed the State to pay a sum of Rs. 10 laks towards Petitioner's mental pains and sufferings. It also left open for the Petitioner to claim further compensation under private law remedy against the wrongdoer.

Case Title: State of Bihar & Ors. v. Amar Nath Poddar

Click Here To Download Order


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