Case Note & Summary
The petitioner, Leesha, a 20-year-old girl, suffered severe injuries in a bomb blast that occurred on 17.04.2013 at 11th Cross, Malleswaram, Bangalore, near the office of the Bharathiya Janatha Party. She was initially treated at K.C. General Hospital and later at M.S. Ramaiah Memorial Hospital, undergoing multiple operations and prolonged treatment. Despite treatment, she sustained permanent disability. She filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the respondents (Secretary, Department of Home Affairs, Government of Karnataka and Secretary, Union Home Ministry, Government of India) to consider her representation dated 05.01.2015 and provide compensation of Rs.1 crore with interest. The court limited the hearing to the first and fourth prayers. The respondents opposed the petition, arguing that the petitioner should approach the civil court for compensation. The court, without expressing any opinion on the merits, directed the respondents to consider the petitioner's representation and pass appropriate orders within eight weeks, as the petitioner had already made a representation to the authorities.
Headnote
A) Constitutional Law - Right to Life - Compensation for Bomb Blast Victims - Articles 226 and 227 of Constitution of India - The petitioner, a young girl, suffered severe injuries in a bomb blast and sought compensation of Rs.1 crore. The court directed the respondents to consider her representation dated 05.01.2015 and pass appropriate orders within eight weeks, without expressing any opinion on merits. (Paras 1-4)
Issue of Consideration
Whether the petitioner, a victim of a bomb blast, is entitled to compensation from the State and whether the respondents should consider her representation for compensation.
Final Decision
The writ petition is disposed of with a direction to the respondents to consider the petitioner's representation dated 05.01.2015 and pass appropriate orders within eight weeks from the date of receipt of the order, without expressing any opinion on the merits of the case.
Law Points
- Constitutional Law
- Right to Life
- Compensation for Bomb Blast Victims
- Articles 226 and 227 of Constitution of India
Case Details
2016 LawText (KAR) (10) 11
Writ Petition No.15990/2015 (GM-RES)
Sunil Kumar H (for petitioner), Prabhulinga K Navadgi (Addl. ASG for R2), Anupama Hegde (CGC for R2), Y D Harsha (AGA for R1)
The Secretary, Department of Home Affairs, Government of Karnataka; The Secretary, Union Home Ministry, Government of India
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Nature of Litigation
Writ petition seeking direction to consider representation for compensation for injuries suffered in a bomb blast.
Remedy Sought
Direction to respondents to consider petitioner's representation dated 05.01.2015 and provide compensation of Rs.1 crore with interest.
Filing Reason
Petitioner suffered severe injuries in a bomb blast on 17.04.2013 and sought compensation from the State.
Issues
Whether the respondents should be directed to consider the petitioner's representation for compensation.
Submissions/Arguments
Petitioner argued that she suffered severe injuries in a bomb blast and is entitled to compensation.
Respondents argued that the petitioner should approach the civil court for compensation.
Ratio Decidendi
The court directed consideration of the representation without expressing opinion on merits, as the petitioner had already made a representation to the authorities.
Judgment Excerpts
Though several prayers are made in the instant petition, at the time of hearing the same is limited to the first and fourth prayers made in the petition and the petitioner seeks consideration in that regard.
The case of the petitioner is that she had suffered severe injuries in the bomb blast that occurred on 17.04.2013 at 11th Cross, Malleswaram, Bangalore, near the office of the Bharathiya Janatha Party.
In that view, without expressing any opinion on the merits of the case, the respondents are directed to consider the representation dated 05.01.2015 submitted by the petitioner and pass appropriate orders within eight weeks from the date of receipt of this order.
Procedural History
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India seeking direction to consider her representation for compensation. The petition was heard and reserved for orders, and the court pronounced the order on 17.10.2016.
Acts & Sections
- Constitution of India: Articles 226, 227
