✦ High Court of India · 25 Feb 2025

The High Court · 2025

Case Details High Court of India · 25 Feb 2025
Court
High Court of India
Decided
25 Feb 2025
Bench
Not available
Length
1,529 words

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstanoes stated in the affidayit filed therewith, the High Court may be pleased to isque aqy Writ, Order or direction rnore particularly one in the nature of Writ of lvlandamus (l) declaring the inaction of the official respondents Nos. 1 to 8 in protecting the constitutional Rights to the petitioner being a citizen to get protection from the terrorists and declined the protection by the respondents Nos. 1 to I to the future life of the victim, is illegal, arbitrary, unjustice and violating the natural justice of Liberty, Equality under the preample aS well as {rticles 14 lo 19 of Constitution of lndia End copsequenfly, (ii) direct the Respondqnts Nos 1 to 3 to treat the petitioner as well as victims in ter[orist attacks like wise [he petitioner as a victim of State but not individual sufferers and direct to make a Act, Special Law or ordinance to provide protection for the slate victims for tfigir remainign future life ald rehabiliation victims of terrorist attachs who arq lhe individual sufferers bgggr;se gf thq failurq of the congtitrtional meqhanism, (lii) to direct the respondent N9s 1 to I [y pioviding suitaple job or life security and ex-gratia Rs.20.00,0001- anQ free future medication and treatment of changing of plastic eyes and spqptales as wgll aq (iv) to issue special handipapped cerllficate for the bomb hlast vietim in future benefits to the petitioner. .A. NO:'l F 015 WPMP NO: 26328 OF 20 5 Pptition under Seetron 1Si CpC praying that in the circumstances stated in the affidavit filed in support qf thq petitiorl, the High courl may be pleased to direct Respondents Ngq 1 to B to provide Rs 20,000/- p.fi. for monthly maintenance for medrcation, food, and mental agony and amputation of organ, pending dispgsal of thq 3[e\1q writ petition pending disposal of the above writ petition. Counsel for tfie Petitio4er : SRI G.L.NARASIMHA RAO counset for the Responaenrro.rai i ;l:a"er.*nt[1;ru xunran, Counsel for the Respondent No.3 : Gp FOR GENERAL ADMINISTRATTON Couns6l for the Respondent No.4 : Gp FOR HOME Counspl for lhe Re5po4dent No.S I Gp FOR SOCTAL WELFARE Counsgf for the Respondent No.6 : Gp FOR REVENUE ' Counse! for the Respondent No.7 : Gp FOR MA & UD Counsbl for t[re Respondents No.g&9: The Court 414{e the fotlowing: ORDER ,i.' r\ HONOURABLE SRIIUSTICE B. VIJAYSEN REDDY WRIT PETITION No.20432OF 20Ls ORDER: (ORAL) This writ petition is filed seeking to declare lhe inaction of the respondents No. 1 to 8 in protecting the constitutional rights of the petitioner who is a victim of the terrorist attack, as illegal and arbitrary and direct respondents No.l to 8 to provide suitable job and life security and ex-gratia of Rs.20,00,000/- (Rupees twenty lakhs only) and free medication and treatment of changing plastic eyes and spectacles and issue special handicapped certificate for the bomb blast victims to claim future benefits

2. The petitioner belongs to Scheduled Tribe community. It is submitted that bomb blast was orchestrated by the terrorists at Gokul Chat Bandar, King Koti and Lumbini Park, Saifabad, Hyderabad on

25.08.2007 at about 7.00 p.m. In the said tragedy, about forty (40) persons died and nearly hundred (100) persons including the petitioner were injured. The petitioner was taking refreshments at Gokul Chat Bandar on that fateful day. In the bomb blast, the petitioner lost his right eye, as such, he had to discontinue his education and he is not fit 2 for any job. As the State failed to protect the rights of the innocent citizens/victims, the respondents are liable to compensate for the loss suffered by the victims. It is submitted that in connection with the bomb blast, F.l.R No.220 of 2007 dated 25.08.2007 was registered with Sultan Bazar Police Station for the offences punishable under Sections 302, 307 and 1208 of the Indian Penal Code (IPC) and Sections 3 and 5 ofthe Explosive Substances Act, 1908.

3. Leamed counsel for the petitioner submitted that the petitioner underwent three (3) major surgeries at L.V. Prasad Eye Hospital. The State provided funds to the petitioner through Chief Minster's relief fund for his treatment in L.V. Prasad Eye Hospital. That the petitioner had to spend money for his travel, medicines, special nutrition etc., which amounted to more than Rs.5,00,000/- (Rupees five lakhs only). The petitioner had taken hand loans from friends, relatives and financial institutions to meet such expenditure. Leamed counsel submitted that the Government has provided job and paid ex-gratia to one victim by name Mr. G. Sadasiva keddy vide G.O.Ms. No.610, dated,25.09.2008. Another victim by name Mr. Badusha Pothuganti was also paid ex-gratia of Rs.15,00,000/- (Rupees fifteen lakhs only) but the petitioner was not paid any compensation. Thus, there is -u a Ct 3 discrimination on the part of respondent authorities. It is submitted that it is the primary responsibility of the State to maintain law and order and provide security to its citizens. Though the bomb blast is a terrorist act, it has occurred due to the intelli$ence failure and thus, the State has to take the responsibility and pay compensation to the victims of the tragic incident.

4. Heard leamed counsel for the petitioner and leamed Assistant Govemment Pleader for Home.

5. Counter has not been filed by the respondents for more than ten (10) years however, leamed Assistant Govemment Pleader for Home requested further time for filing counter; his request is declined' On enquiry by this Court with the leamed counsel for the petitioner as to whether there is any special scheme for payment of ex-gratia to the victims of the bomb blast. Leamed counsel for the petitioner I submitted that he needs to get better instructions. There is also no material before this Court regarding any special scheme or general policy of the Govemment for paying compensation for the victims of the terrorist attack. 4

6. In view of the above, 6i this Coun does not have sufficient material and information, in the interest ofjustice, this writ petition is disposed of giving liberty to the petitioner to submit application to respondents No.2 and 3 seeking to provide suitable job and life security and ex-gratia of Rs.20,00,000/_ (Rupees twenty lakhs only) and free medication and treatment of changing plastic eyes and spectacles and issue special handicapped certificate for the bomb blast victims to claim future benefits. On such application being submitted, appropriate action shall be taken by the respondents No.2 and 3, in accordance with law within a period of three (3) months thereafter. There shall be no order as to costs. As a sequel thereto. miscellaneous applications, if any, pending in the writ petition stand closed. //TRUE coPY/' DEPUi'k[i#i* ,EcrtoN)izFFlcER To, 1 2 The Secretary, (Hq'me) Department, Union Gqvernment of lndia' Central Secretar'iat af New Delhi The Chief Secretary, State of Telangana, General Administration(Law and oiiJOblp-a-rt-rdnil'SeCretariatats-aif abad,Hvderabad'

3. The Pr:incipal Secretary(Home) Department' Secretariat State of Telangana' at Hyderabad. 4. The Prinpipal Telangqna, q! Secretary, Tribal Welfare, Secretariat Saifabad $tate of Hydelabad. 5 The Disirict gollector, Hy{erapad District, at Nampglly ' - 6. T[re gommisgionel, Greeter Hydqrab4d Munigipal Qorporation' at Hyderabad -- .-----*' F:::::iria'?!-j@!''*---F g: yl,1 T The Qommiqnione( of Police, Hyqerabad City' Basheerbagh' l-lyderabad S One 9q to Sql G L NARASIMHA RAO Advoaate [OPUCI I?s,P'ilI'l "r'\?l'.3 tf e n" "' or r n d a )' ' 3,t? Jl Pi? iFSi f"*$Y: El J:Y 10 Two ccs to GP FOB GENERALADMINI$TRATIoN' High court for the State '" ;iTJ66J;t Htdarahad tourl 11.Two C0E to GP FOR HQME, High Cqurt for the State of Telangana [OUT] 12.fwo0Gs to GP pgp 5QQIAL WELFARE' Hrgh Coqrt for the State of 13 Two aa, to Of FQR REVENUE' Higtr Qourt (pr the State of Tplangana at Telartgina [OUT] HYderabad. [QUT] ,o[}33f, ,::,,n""T##+:,EH;if sTii]',[?Hi.Ti&5+i"Deverqpmenr'Hish

15.Two C0 Copies PSX HS HIGH COURT DATED:2510212025 tiFts t tJ rrF. sral€ 1 ( I 20 Eij ?[25 DGs,,'r-"'" I I ORDER WP.No.2O432 ot 2015 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,tg /l .-'1 r,t 3 t/3 o b'

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