MOKOKCHUNG, SEPT 21 (MExN): Reacting to the Government’s statement that it had no policy to compensate Rs 20 lakh to the successor of the deceased victim caused out of the action of ADC (J) Khalong’s bodyguards on September 15, an advocate by the name of B Tako Longkumer has said that the government’s stand may be reviewed.
Contradicting the government’s statement, he has stated, “Such is a well settled law under Article 32 of the Constitution of India that in the event of death or injury caused by Police authorities, the State government is liable to pay compensation as the Police is the agency of the Sovereign acting in violation of the power vested in such (an) agency.”
Taka has further said that the employer stands liable as it was a settled law. He has asked to refer to the judgment of the Supreme Court vide AIR 1990 SC 513. “Otherwise the claimant can get appropriate compensation through writ as this is a question of Fundamental Rights and not a government policy,” he added.
