25 years after botched encounter, Delhi High Court directs Central government to pay ₹15 lakh compensation to sole survivor

Twenty-five years after three men were shot at by Delhi Police in Connaught Place, the Delhi High Court has directed the Central government to pay a compensation of ₹15 lakh plus 8% interest per annum to the sole survivor of the encounter [Tarun Preet Singh v Union of India and Anr]..Justice Prathiba M Singh said that the man, who was barely 20 years old at the time of incident, lost his entire youth and the mental trauma caused to such a person cannot be simply gauged.“The trauma is not limited to the individual but also to his near and dear ones, who have rendered physical, mental and emotional support to the Petitioner, which may include his parents, spouse and now, his children… While the disability can be characterized as being not a major disability, the fact that he has not been able to lead a normal life for the last 25 years cannot be ignored. For a young boy of 20 years of age suffering of any kind of disability due to no fault of his cannot be justified or trivialized,” Justice Singh has said..The Court was dealing with a petition filed by one Tarun Preet Singh seeking compensation of ₹1 crore from the government. The petition had been pending since 1998.The Court was told that Singh was meeting two of his friends -- Jagjit Singh and Pradeep Goyal – in Connaught Place when a ten-member team of Delhi Police’s crime branch opened fire at their blue sedan in March 1997. Police had said that the target of the operation was gangster Mohammed Yasneen, who was also expected to be travelling in the same coloured car. Jagjit and Pradeep died after being taken to hospital, Tarun Preet survived. His counsel told the Court that though he was discharged by the hospital in April 1997, he is living with shrapnel in his body till today and has disability in his right hand.While Jagjit and Pradeep’s families were granted a compensation of ₹15 lakh each in the year 2011, Tarun Preet received an ad-hoc compensation of ₹1 lakh in 1999..Justice Singh noted that the petitioner still has shrapnel in his body, which by itself is traumatizing because side effects of the same may be unknown and the compensation awarded should, therefore, take care of not merely his present condition but any future complications that may arise.“He has two children for whom he needs to cater in terms of education and marriage. The fact that other two friends passed away but the Petitioner was merely injured cannot result in different standards being applied, inasmuch as even in the case of Petitioner, who is alive, he has lost the prime of his life. He is working in a cloth shop, has two children and a family to take care of. The time that has gone by also cannot be compensated for him,” the Court said. .The single-judge opined that when an injury has been caused due to government machinery and that too, where police officials are convicted of criminal offences, then the same needs to be considered at higher standard as compared to those of ordinary cases of negligence and inaction.Therefore, the Court was of the opinion that compensation should have been paid to the petitioner in 1997 itself.“Accordingly, keeping in mind inflation rates, a sum of ₹15 lakh is awarded as compensation, which shall be paid along with simple interest @ 8% per annum, from the date of incident till the date of payment.”Thus, an amount of around ₹45 lakh would have to be given to the petitioner. .The Court has also said that a sum of ₹2 lakh shall be paid to Singh as litigation costs and ₹1 lakh shall be adjusted if it has already been paid in terms of the order of 1999.The amount has to be paid within eight weeks, failing which an interest of 7.5% per annum will accrue on the total amount..Advocates Sachin Jain and Isha Aggarwal appeared for the petitioner. The Central government was represented by its Senior Panel Counsel Shoumendu Mukherji..[Read Judgment]