Kriti Agrawal –
The Supreme Court dismissed an SLP filed by the Bihar government challenging a Patna High Court’s verdict awarding Rs.10 lakh in compensation to the father of an 18-year-old boy, Anurag Poddar, who died in the Munger Maa Durga Pooja firing incident in October last year.
The grieving family was given compensation by the High Court awaiting an investigation into the shooting incident. It had held that the state has a duty to protect its citizens’ lives and that determining the perpetrator is unimportant for the purpose of paying compensation in cases of breach of right to life.
A Bench of Justice Indira Banerjee and Justice MR Shah dismissed the plea, stating that there is no need to interfere with the foregoing ruling.
The aforementioned shooting occurred in Munger in October 2020, during the Durga Puja idol immersions. According to the authorities, a law-and-order situation occurred during the parade, and the people taking part in the parade erupted into an unauthorized and rowdy assembly, pelting stones and opening fire on security officers.
The Petitioner, on the other hand, stated that the Munger Police, commanded by the Superintendent of Police, did not follow the protocols outlined in the Bihar Police Manual when resorting to firing on a crowd, instead engaging in random and cruel firing on the devotees.
Petitioner said that the Police did not use any other technique to manage the crowd and relied on an internal report from the Central Industrial Security Force (CISF) that revealed that the bullet fire was begun by Munger Police. Certain complaints of biased inquiry were also leveled.
As a result, the Court decided to keep an eye on the investigation. It further determined from the circumstances of the case that the Petitioner’s son was unarmed during the parade and that there was no allegation that he committed any illegal act.
Court ordered the State to pay a sum of Rs. 10 lakhs for Petitioner’s mental anguish and suffering. It also kept the door open for the Petitioner to seek additional compensation from the perpetrator through a private law remedy.
