Mohinder Kaur vs State of Haryana and Others

V.K. Jhanji, J.—This shall dispose of Civil Writ Petitions No. 14384 of 1998 and 14421 of 1998.

Civil Writ Petition No. 14384 of 1998 has been filed by Mohinder Kaur whose husband was killed by the mob while he was travelling in Chhatisgarh Express Train, whereas claimants in Civil Writ Petition No. 14431 of 1998 are the widow, daughter and son of Karnail Singh who also got killed on 2.11.1984 alongwith many others while travelling in the Chhatisgarh Express Train,

In brief, the facts are that on 31.10.1984, Smt. Indira Gandhi was assassinated and as a result thereof, riots broke out in whole of the country in which persons belonging to a particular community were made the target. Joginder Singh son of Sewa Singh and Karnail Singh son of Saudagar Singh were travelling in the Chhatisgarh Express Train and when the train reached near the railway station Palwal, the miscreants entered the compartments, armed with hockey sticks and rods and the persons belonging to one community were made the target and resultantly, Joginder Singh son of Sewa Singh and Karnail Singh son of Saudagar Singh were killed. A case, F.I.R. No. 76 P.S. Faridabad u/s 302, 201, 148, 149 IPC was registered. The statement of petitioner, Mohinder Kaur was also recorded regarding the death of Joginder Singh, and also Karnail Singh. Since Joginder Singh and Karnail Singh belonged to Madhya. Pradesh, the State of Madhya Pradesh gave an ex-gratia grant of Rs. 20,000/- to the claimants for the loss suffered. As the amount granted was insufficient, the claimants submitted applications to the Deputy Commissioner, Durg and Faridabad, for enhancement of compensation. Claimants contended that in similar circumstances, one Bhajan Kaur filed a writ petition in the Delhi High Court which was allowed and she was awarded a compensation of Rs. 3.50 lacs. Claimants submitted that they may also be treated alike and paid compensation of Rs. 3.50 lacs. The application submitted by the claimants to the Deputy Director Relief, Union Territory, Delhi, was rejected on the ground that their case could not be considered being beyond the jurisdiction of Delhi Courts. It is further the case of the claimants that no action is being taken on the application filed with the Deputy Commissioner, Faridabad. Claimants have also contended that the relief given by the State of Madhya Pradesh as ex-gratia grant of Rs. 20,000/- for the loss suffered by them was a temporary relief and was not adequate to compensate the loss suffered. They thus, have prayed that they be also paid compensation of Rs. 3.50 lacs.

Upon notice of the petition, respondent No. 3 has filed written statement. In this written statement, Shri B.K. Panigrahi, Deputy Commissioner, Faridabad, has admitted that 10 persons were killed on 2.11.1984 near railways station, Palwal. In regard to the claim of the claimants that they be paid compensation of Rs. 3.50 lacs, respondent No. 3 has submitted that the direction of the Delhi High Court for paying compensation of Rs. 3.50 lacs to each riot victim is applicable only to Delhi Administration and is not binding on the Haryana Government. He has also stated that keeping in view the financial position of the State Government, there seems to be no reason to increase the amount of compensation.

Article 21 of the Constitution of India mandates an obligation upon the State of enforce law and order to maintain public order and public peace so that all sections or the society, irrespective of their religion, caste, creed, colour and language, can live peacefully within the State. In the riots following the assassination of Smt. Indira Gandhi, the State failed in its duty to protect the lives of its citizens resulting in the barbaric killings of numerous persons belonging to one community. The State cannot escape its liability to pay adequate compensation to the family of the persons killed during 1984 riots. The Delhi High Court in Civil Writ Petition No. 1429 of 1996, Bhajan Kaur v. Delhi Administration, decided on 5.7.1996, directed that the widows and families of the victims who lost their lives in the 1984 Delhi Riots be paid a sum of Rs. 3.50 lacs. A Division Bench of this Court in Civil Writ Petition No. 6129 of 1996 decided on .16.4.1998, following the judgment of the Delhi High Court in Bhajan Kaur''s case (supra), has also awarded an. amount of Rs. 3.50 lacs to the families of the riot victims. The case of the claimants being squarely covered by the judgment of the Delhi High Court in Bhajan Kaur''s case (supra) and the judgment of this Court in CWP No. 6129 of 1996, I am of the view that claimants are also entitled to compensation of Rs. 3.50 lacs. 6. In Civil Writ Petition No. 14384 of 1998, the other ground taken by respondents to deny relief to the petitioner is that her husband, Joginder Singh was not killed by the mob on 2.11.1984 while he was travelling in Chhatisgarh Express Train. Respondents have taken this plea only because the name of Joginder Singh is not mentioned in F.I.R. 76/84. F.I.R. 76/84 was recorded on the statement of Jasbir Kaur daughter of Amrik Singh resident of Dewas, P.S. Khas, Distt. Dwal (M.P.). It is mentioned therein that on 2.11.1984 at about 11.30 a.m. when the train reached near Rondhi Railway Station, 90/95 miscreants boarded the train from Faridabad and some from Ballabgarh railway station, and stopped it by pulling the chain and started giving beating with hockey sticks to Rajinder Singh Khura, Inderjit Khurana, Bhupinder Singh Khurana, Charan jit Singh Chhabra, Harcharan Singh, Sukhbir Singh and Niranjan Son of Sarwan Singh, and three other persons who were traveling in the same very compartment. Joginder Singh is one of those three persons whose names were not mentioned in the F.I.R. The fact that Joginder Singh was killed by the mob on 2.11.1984 while he was travelling in Chhatisgarh Express train is proved from the certificate issued by the Superintendent of Police, Durg (M.P.) certifying that Joginder Singh son of Santa Singh was killed by unknown person in Chhatisgarh Express train between Railway Station Palwal and Rundhi on 2.11.1984 and a case F.I.R. No. 76 dated 2.11.1984 u/s 302/201/148/149/34 I.P.C. P.S. Faridabad, has been registered. It is further not in dispute that the State of Madhya Pradesh gave an ex-gratia grant of Rs. 20,000/- to Mohinder Kaur widow of Joginder Singh. In this view of the matter, the plea of the respondents that Joginder Singh was not killed by the mob on 2.11.1984 while he was travelling in Chhatisgarh Express train, is without any merit.

Resultantly, the writ petitions are allowed. Respondent No. 1, State of Haryana, is directed to pay an amount of Rs. 3.50 lacs minus Rs. 20,000/- already paid to Mohinder Kaur in C.W.P. No. 14384 of 1998 and claimants, Joginder Kaur, Maninder Kaur and Mukhwinder Singh in C.W.P. No. 14421, of 1998, within three months from the receipt of certified copy of the judgment or on furnishing of a copy thereof by the petitioners, failing which respondents shall be liable to pay interest at the rate of 12 per cent per annum from the expiry of period of said three months till making of payment. No costs.