Rudul Sah vs State Of Bihar And Another on 1 August, 1983
In this context reference may
be made to two decisions of this court: The first in line, is the
decision in Nilabati Behera (Smt) alias Lalita Behera (Through the
Supreme Court Legal Aid Committee) v. State of Orissa and
Others (1993 (2) SCC 746) wherein this Court relying upon the
decision in Rudal Sah (Rudal Sah v. State of Bihar & Anr.: 1983
(4) SCC 141) decried the illegality and impropriety in awarding
compensation in a proceeding in which courts power under
Articles 32 and 226 of the Constitution stand invoked and thus
observed that it was a clear case for award of compensation to the
petition for custodial death of her son. It is undoubtedly true
however that in the present context, there is no infringement of
States obligation unless of course the State can also be termed to
be a joint tort-feasor, but since the case of the parties stand
restricted and without imparting any liability on the State, we do
not deem it expedient to deal with the issue any further except
noting the two decisions of this Court as above and without
expression of any opinion in regard thereto.