SUPREME COURT OF INDIA

Before:- K.T. Thomas and M.B. Shah, JJ.

Special Leave to Appeal No. 3656 of 1999. D/d. 18.2.2000.

Shiv Dev Singh - Appellant

Versus

Senior Suptd. of Police, Batala and another - Respondents

For the Petitioner :- Vipin Gogia, Jaspreet Gogia, Suresh Kumari, Dinesh Verma and Krishna Pal Singh, Advocates.

Constitution of India, Article 21 - Right to Life - Police Atrocities - Right to life - Claimant's son tortured by police - Interim compensation of Rs. 1.5 lakhs ordered by High Court - Challenged by claimants in the Supreme Court pleading that Rs. 1.5 lakh was inadequate in view of extensive injuries suffered and that criminal action should also be ordered against the culprits - Held that the interim compensation is to be treated as provisional amount - It is open to the claimant to file civil suit for claim appropriate amount of compensation and to approach Magistrate for a direction to register FIR against the culprits.

[Paras 2 and 3]

ORDER

The petitioner is the father of a boy, namely Kashmir Singh who is alleged to have been tortured by the police. In a writ petition filed by this petitioner the High Court of Punjab and Haryana awarded a sum of Rs. 1.5 lakhs calling it as "interim compensation" and then disposed of the writ petition. The judgment by which the writ petition was so disposed of is now being challenged by this special leave petition.

2. Two grievances have been expressed by the petitioner. First is that the amount of Rs. 1.5 lakhs, in view of the extensive injuries and the impairment of life's conveniences suffered by Kashmir Singh is too inadequate. Second is that criminal action has not been ordered against the culprits.

3. Regarding the quantum of compensation we have noticed that learned single Judge of the High Court has called it only as "interim compensation". We would treat it as a provisional amount granted in respect of Kashmir Singh and therefore it is open to Kashmir Singh either directly or through any other person (as law permits) to institute a civil suit claiming compensation. The amount will be quantified by the civil Court after taking evidence and after estimating the extent of impairment or sufferings which Kashmir Singh is now inflicted with.

4. Regarding the criminal action to be launched against the culprits it is open to the petitioner to approach the Magistrate Court with a complaint or the police station with a petition for registering an FIR. Without prejudice the right of the petitioner regarding any of those remedies we dispose of this SLP.

Order accordingly.