State should compensate riot victims: HC

Chennai, Oct 11 (UNI) Madras High Court has ruled the State was liable to pay compensation to victims of rioting and largescale looting, if it was established that officers of the State responsible for maintaining law and order failed to protect life, liberty and property.

A full Bench comprising justices P K Misra, M Jaichandran and M E N Patrudu gave the ruling on a batch of petitions referred to it by a Single Judge.

It said a conspectus of the decisions of several High Courts and the Supreme Court made it clear that it was the constitutional obligation of the state to protect life, liberty and property of a person. Where the state, that was to say its machinery, without any justification failed in such duty, resulting in loss to a person, the State could not avoid responsiblity by taking refuge under the plea that the damage was done by the rioteers and not by the state's machinery, the bench added.

However, the bench said the state was not necessarily liable in every case where there was loss of life or damage to property during rioting. The Government would be liable if there had been negligence. The question of amount of compensation was a matter of inference to be considered on the facts of each case, the bench added.

The present batch of petitions was filed by those who suffered material losses during a caste clash in Tuticorin in May 1996.

Though the compensation claims of victims ran into many lakhs of rupees, and a Commission of Inquiry too recommended substantial damages, the government announced only Rs two lakh each for 186 victims.

Against the meagre allocation of funds, the petitions were filed.

Regarding the Commission's report, the bench said though it was not legally binding on the government, once the state accepted the report, it was not fair to contend it was not bound by the findings.

The bench said the matter must be placed before the appropriate court for consideration.

UNI XR AA YA DB2152