Nature of
grievance:
Where a person
was deprived of his life due to the negligent act and omission of the “State”
official, Writ Petition may be filed by relatives of the deceased seeking
damages from the concerned State / Central Govt. / State instrumentality.
Reliefs prayed for:
a)
Take such necessary steps to prevent such avoidable mishaps /
accidents / crimes / murders;
b)
May compensate, for the amount, you think worth of a human life;
c)
Any other relief as this Hon’ble
Court deems fit and expedient, having regard to the facts and circumstances of
the present case.
Grounds for Reliefs
a)
Article 21 of our the Constitution of India says that no person shall be
deprived of his life and personal liberty except according to the procedure
established under the law; and in the present case, the life of _____ is taken
away due to sheer negligent acts and omissions of _______;
b)
The deceased was the sole bread earner of the Petitioners’ family, and it
is said that “You take my life when you take away the means whereby I live”;
c)
In equity & in principle, when the lives of the subject are brazenly
taken away, the State shall reciprocate by shouldering the burden of the safety
and well-being of the deceased family;
d)
In the case of Rudal Shah versus State of Bihar, in the backdrop of
excesses of the police officials, Hon’ble Justice Chandrachud, the then Chief
Justice of India said – if civilization is not to perish, as it has perished,
in some other too well known to suffer mention, it is necessary to educate
ourselves into accepting that, respect for the rights of the individual is the
true bastion of democracy. Therefore, the State must repair the damage done by
its officers to the Petitioner’s rights.
Material facts of the case:
The Petitioners, most
respectfully submit that, having regard to the nature of reliefs prayed for in
this Petition, the following facts become germane to the controversy herein;
And, the reasonable satisfaction of the existence or the non existence, as the
case may be, of these facts, may entitle the Petitioners the judgment in their
favour.
The chronology / chain
of events, which has led to the present situation, and has constrained the
Petitioners to seek certain Reliefs from this Hon’ble Court.
Facts as may be applicable –
1.
The Petitioner’s _____ (immediate relative / friend)
(Name), Aged about ___ years, was brutally attacked by four men with deadly
weapons, in the broad day light over the streets of ________, on (date) ________
2.
He was admitted to the ______ Hospital on the same day.
3.
He succumbed to injuries on ________.
Or
4.
The negligent acts and omissions on the part of
State employee due to which (immediate relative / friend) has lost his life:
Submissions as may be applicable to the facts of
the case:
a)
Surveillance
is key to security, and every crime committed within the “Public eye” can be
prevented
b)
The
deceased _____ could never have been attacked and would have not lost his life,
had there been effective surveillance of the Police machinery.
c)
The
‘State’ is found fascinated to enact strict Penal laws, without realizing that
the whole purpose of having penal laws is that they may not be applied at all,
by effectively preventing the commission of the crime.
d)
Every
offence which is committed within “public eye” can certainly be prevented.
Preventing crime is no rocket science. An effective and perpetual / unceasing
surveillance / patrolling by Police around every public places, would do the
things needed.
e)
APPARENTLY
THE CONTENTION OF THE STATE: The police cannot be present at all places, at all
the times. The Answer would be WHY NOT. The shortcomings of manpower cannot be
a ground BECAUSE nobody has prevented the State to employ REQUIRED man power.
f)
State
Govt. is to strengthen & rejuvenate the Police force, to a degree where
they inspire confidence of the society and instill fear in the mind of
potential offenders, so that they can effectively carry out duties expected
from them. All it may sound idealistic, but this is the bare minimum to have
peace and thus progress.
g)
Ensuring
safety of life of every men & women is the very first duty of every Govt.
of the world. All duties come later.
The State Governance
has breached the Sovereign Contract
a)
The
State is being reminded of the existence of Sovereign Contract that exists
between the Government & the Governed;
b)
At
the advent of Human Civilization, ‘Men’ were Sovereign in their own, in the
sense that, they were free and were not subject to or bound by any law. Then,
men were Ruled by their own conscience and not by codified laws and were even
free to the extent of inflicting violence at their will & strength, i.e.
Might is right was the scene. Men were guided by own conscience and greed. An
action not emanating from reason and the freedom to do as one pleases.
c)
Philosopher
Thomas Hobbes (1588- 1671) says that prior to concept of Statehood, the man
lived in chaotic conditions of constant fear. The life in the state of nature
was solitary, poor nasty, brutish and short.
d)
For
getting self-protection and avoiding misery and pain, man voluntarily entered
into a contract and surrendered their part of freedom to some might authority,
who could protect their lives and property, which emerged later on as the ruler
and which ultimately culminated into the shape of the State.
e)
With
the passage of time and centuries together, codified laws evolved and were
introduced in human life. Men came together, they voluntarily surrendered their
individual sovereignty to State sovereignty, and opted to subject themselves to
laws of the land, however, they were promised, the safety of their life &
their property. The conception of democracy is a sentiment which desires the
well-being of all men. Laws were made so that the stronger might not in all
things have his way.
f)
This
is how the ancient Social contract between Men & State came into being.
g)
Among
various definitions of State given by Scholars of law and by Philosophers, this
appears hereinafter to be more satisfactory and convincing. It is by professor
Goodhart. He defines State in terms of its purpose. He states that the purpose
of society which we call a State is to maintain peace and order within a
demarcated territory.
h)
THE
MINIMUM AND ESSENTIAL PURPOSE OF THE STATE IS TO MAKE LIFE POSSIBLE.
i)
Hugo
Grotius (1583-1645) is regarded as the father of philosophical jurisprudence.
He said- it is the first duty of the Sovereign State to safeguard the citizen
because State was given power only for that purpose. And therefore, in the
backdrop of ancient social contract, every Society & every Individual
Citizen has certain basic assumptions to take it for granted from the State
that-
(i)
His Life & Property will be protected and his liberty will be secured;
(ii)
He can appropriate for his own use what he has created by his own labour and
what he has acquired under the existing economic order;
(iii)
That others will act with due care and will not cast upon him an unreasonable
risk of injury;
(iv)
That others will not commit any intentional aggression upon him;
(v)
That people with whom he deals will carry out their undertakings and will act
in good faith;
(vi)
That he will have security as a job holder;
(vii)
That State will bear the risk of unforeseen misfortune;
(viii)
That State will bear the burden of supporting him when he becomes aged;
The State Governance
has no sensitivity to needs of their subjects
a)
The
men in governance have lost all the human sensitivity. The men in governance
have never concerned itself with the palpable sufferings of their subjects. On
the contrary, on many occasions, the men in governance have aggravated the
misery of the poorest lot.
b)
The
poorest lot of this country have beg and slept for decades on the footpath, in
the deadly chills of winter.
The Criminal
state of affairs
a)
____ was murdered because the criminals in the
governance have occupied a belief that the presence state of governance is
incapable of punishing them. Brutal attacks on persons in broad day light over
the public street follows that criminal minds do not fear of the governance. A
Murder justifies another Murder; A Murder lays foundation for another Murder.
b)
One
thing is quite plain. There are criminals, dangerous and petty, unfear of
anything, spread out in society, in the whole of India, and they strike at
will. It appears that the criminals import courage and conviction while
comparing courage & conviction of men in governance.
c)
The
Petitioners are not merely sad because have lost their dear ____, but also more
worried, for, the tendency to kill people at whims and fancies; the tendency of
the stone age is prevailing writ large.
d)
In
1897, Justice Holmes, an American Jurists issues a paper in which he put
forward a novel way of looking at law. He says- if one wishes to know what law
is, one should view it through the eyes of a bad man, who is only concerned
with what will happen to him if he does certain things in deviation to
established laws. .
e)
Sir
Lionel Fox, an acclaimed Penologist (20th Century) of England, quotes the
example of an eighteenth century Judge who passed the sentence of death,
saying, you are to be hanged not because you have stolen a sheep, but in order
that others may not steal. So evident is the truth of this perceptible simple
logic, if applied generously by presiding Hon'ble Judges, may virtually end
disorder in the society.
f)
Offenders
are to suffer by punishment not because they were malignant or mischievous, but
because others may not behave malignant and mischievous. Punishment is thus a
method of forcing good behaviour. However, the deterrence is zero if there is
no certainty to the punishment. The gravitation of sin to sorrow should be as
certain and analogous as that of earth to the sun.
g)
The
present justice dispensation machinery is a scarecrow in the field that doesn’t
scare the crows anymore and the crows are sitting on the arms and cawing their
contemptuous defiance.
The State Governance
is reminded of their basic duties
a)
The
safety of lives of subjects is the very first duty of every Govt. of the world.
All duties come later.
b)
The
government in power loses its legitimacy when its subjects are brutally
murdered in broad day light.
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