Ganga Malik A v. Union of India & Ors.

Case Details & Bench

Court: High Court
Hon'ble Judges: A. K. Sikri
Ashok Bhushan
Judgment Date: 2018-03-16
Court Decision / Holding: Writ Petition dismissed; liberty granted to the petitioner to approach respondent No.2 for appropriate relief regarding other reliefs.
Final Disposition: Writ Petition dismissed.

Parties to the Case

Appellants / Petitioners

Ganga Malik A.

Respondents

Union of India
State of West Bengal

Legal Representation & Advocates

Counsels for Petitioners

• P. S. Patwalia
• Natasha Dalmia
• Harshika Verma
• Sakshi Kakkar
• Somiran Sharma

Counsels for Respondents

• V. Mohana
• Kapil Sibal
• A. M. Singhvi
• Rakesh Dwivedi
• Kalyan Banerjee
• S. Wasim A. Qadri
• Madhavi Divan
• Nidhi Khanna
• Ayush Puri
• Mukesh Kumar Maroria
• Suhaan Mukherji
• Kunal Chatterji
• Raja Chatterjee
• Nandani Mukherjee
• Chanchal Kumar Ganguli
• Piyush Sachdev
• Adeel Ahmed
• Runa Bhuyan
• Nandini Sen Mukherjee

Case Synopsis & Summary

Facts & petition: Ganga Malik, the father of Amitava Malik (then Sub-Inspector of Police), filed a writ petition under Article 32 seeking protection of life for his family, expeditious conclusion of the trial in Sadar PS Case No. 213 of 2017 (registered 13 October 2017) and payment of compensation for the irreparable loss of his son. Amitava Malik was killed on 13 October 2017 when a police party pursuing miscreants at the south bank of the Chhota Rangeet, P.S. Sadar, Darjeeling, came under fire. The petitioner argued that the State bears responsibility to safeguard the lives of police personnel and their families and to ensure speedy justice in the criminal case. The Court noted that the case was already registered, a charge-sheet had been submitted, and the trial was proceeding; it stated that in respect of the criminal trial the law shall take its own course. Regarding other reliefs, the Court indicated that the petitioner could approach respondent No.2 for appropriate relief. By liberty granted to the petitioner, the writ petition was dismissed. The judgment was delivered by Justices A. K. Sikri and Ashok Bhushan (JJ.).

Provisions of Law Cited

Article 32 of the Constitution of India

Legal Doctrines & Maxims

The law shall take its own course.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner seeks protection of life for herself and family, expeditious conclusion of the trial in Sadar PS Case No. 213 of 2017 and punishment of the culprits; she also seeks compensation for the irreparable loss of her son, a police officer killed while performing duty. The plea emphasizes the State's obligation to protect families of police personnel and to ensure swift administration of criminal justice.

Contentions of Respondents

The document does not set out explicit contesting arguments by the respondents; it records the Court's approach that, in the criminal trial, the law shall take its own course, and that reliefs not directly connected to the trial may be sought from the State. The Court ultimately dismissed the petition but granted liberty to pursue appropriate relief.

Extracted Judgment Text

Exact text extracted from official judgment records.

875 **==> picture [92 x 11] intentionally omitted <==** GANGA MALIK A v. UNION OF INDIA & ORS. (Writ Petition (Criminal) No. 201 of 2017) MARCH 16, 2018 B ## **[A. K. SIKRI AND ASHOK BHUSHAN, JJ.]** _Writ: Writ of mandamus – Writ petition filed by father of SubInspector of Police who was killed when police party which consisted of his son proceeded to arrest miscreants – While chasing the miscreants, the miscreants fired which hit son of petitioner and as a result he died – The prayer in writ petition was protection of life of petitioner and other family members; direction to State of West Bengal to expeditiously conclude the trial and direction to State to pay compensation for irreparable loss of losing her son – It was stated in writ petition that case was already registered and trial was going on – In so far as trial of criminal case is concerned the law shall take its own course – As regards the other reliefs, it is open for the petitioner to approach respondent no.2 for appropriate relief – By granting said liberty to petitioner, writ petition is dismissed._ CRIMINAL ORIGINAL JURISDICTION : Writ Petition (Criminal) No. 201 of 2017. C D E Under Article 32 of the Constitution of India. P. S. Patwalia, Sr. Adv., Ms. Natasha Dalmia, Harshika Verma, Sakshi Kakkar, Somiran Sharma, Advs. for the Petitioner. Ms. V. Mohana, Kapil Sibal, A. M. Singhvi, Rakesh Dwivedi, Kalyan Banerjee, Sr. Advs. S. Wasim A. Qadri, Ms. Madhavi Divan, Ms. Nidhi Khanna, Ayush Puri, Mukesh Kumar Maroria, Suhaan Mukherji, Kunal Chatterji, Raja Chatterjee, Ms. Nandani Mukherjee, Chanchal Kumar Ganguli, Piyush Sachdev, Adeel Ahmed, Ms. Runa Bhuyan, Ms. Nandini Sen Mukherjee, Advs. for the Respondents. F G The Judgment of the Court was delivered by **ASHOK BHUSHAN, J.** 1. The petitioner’s case in this writ petition is that her son, Amitava Malik, Sub-Inspector of Police was killed on 13.10.2017 when Police party which consisted of Amitava Malik H 875 876 SUPREME COURT REPORTS [2018] 4 S.C.R. - A proceeded to arrest several accused who were camping at south bank of river Chhota Rangeet, P.S. Sadar, Dajeeling. While chasing the miscreants the Police personnel were fired upon in which Amitava Malik son of the petitioner died. The petitioner in this writ petition has prayed for the following relief: - B _a) Issue a writ of mandamus or any other appropriate writ order or direction to the respondents to ensure that the petitioner and her family’s life is protected;_ _b) Issue a writ of mandamus or any other appropriate writ order or direction to respondent No.2, State of West Bengal_ C _to expeditiously conclude the trial in Sadar PS Case No.213 dated 13.10.2017 preferably within a time bound manner and punish the culprits;_ - _c) Issue a writ of mandamus or any other appropriate writ order or direction to the respondent to pay compensation to_ - D _the petitioner for the irreparable loss of losing her son which cannot be quantified in monetary terms._ 2. Petitioner in the writ petition has stated that Case No.213 has already been registered in P.S. Sadar in which charge-sheet has also been submitted and trial is going on. In so far as trial of criminal case is E concerned the law shall take its own course. In so far as other reliefs, we are of the view that it is open for the petitioner to approach respondent No.2 for appropriate relief. 3. By granting the aforesaid liberty to the petitioner, the writ petition is dismissed. F Devika Gujral Writ Petition dismissed. G H