Nawrangi Devi vs Union of India (UOI) and Others

M. Katju and R.S. Tripathi, JJ.—Heard learned Counsel for the parties.

Petitioner has prayed that a reasonable compensation for herself and her minor children be granted, Petitioner has four minor children and it is alleged that her husband Nagdu Harijan, who was a rickshaw puller, was killed during the encounter between the Indian Army and Sikh deserters. In this connection, an F.I.R. was lodged, vide Annexure-1 to the writ petition.

In the counter-affidavit, it is alleged that the Petitioner was awarded Rs. 5,000 as compensation by the District Magistrate on 3.9.1984.

We have full sympathy for the Petitioner, who has become a widow, due to the incident in question and she had to support her four minor children also after the incident in 1984. However, this Court is helpless in such matters. This is a huge country of over 100 crores people and a large number of incidents of such nature generally happen in various parts of this country which are indeed unfortunate, but if in such cases, we start passing orders, as prayed for, the Government Treasury of this State will soon become empty. In fact in many States, the Government Treasuries have become empty as reported in the media and elsewhere. We can only recommend that the Legislature should pass appropriate Legislation for granting compensation in such cases. But this Court has its limitations. It can act only in accordance with law. Hence, while we express full sympathy for the Petitioner and realise the hardship which she and her minor children had to suffer, we, with a heavy heart, are dismissing this petition.

Learned Counsel for the Petitioner has relied on the decision of the Supreme Court in S.S. Ahluwalia Vs. Union of India and Others, . This case relates to killings which occurred during riots in Delhi and other parts of the country. The Supreme Court directed various High Courts to deal with the allegations and pass appropriate orders.

The above decision does not lay down any legal proposition that the Petitioner is entitled to any compensation for the incident of this nature.

The petition is dismissed.