JAY RAM DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This application under Artictle 226 of the Constitution of India has been filed praying the following reliefs :

(2.) AIR 1989 SC 677 (Kishen Pattnayak-Vs-State of Orissa). That was a case regarding starvation deaths due to poverty and a prayer was made therein that the State Govt should be directed to take immediate steps for the purpose of ameliorating the misery of the people of the district of Kalahandi. The Govt. of Orissa was made of responsible for utter failure to protect the lives of the people of the two districts. The Supreme Court in that case pointed out that the State has a duty to take measures to protect the lives of the people and accordingly certain directions were given. It was found that State has a basic duty to provide the minimum to its citizens.

(3.) AIR 1987 SC 355 (Peoples' Union for Democratic Rights-Vs- State of Bihar and others). That was a case filed before the Supreme Court under Article 32 of the Constitution of India. On 19th April, 1986, 600 to 700 poor peasants and landless people mostly belonging to the backward classes had collected for holding a peaceful meeting within the compound of Gandhi Library in Arwal, a place within the District of Gaya in the State of Bihar. Without any previous warning by the police or any provocation on the part of the people who had so collected, the police surrounded the gathering and opened fire as a result of which several people were injured and at least 21 persons including children died. The Supreme Court in the facts and circumstances of the case directed that Rs. 20,000/- be paid to every person in case of death and Rs. 5,000/- in case of injury giving further liberty to the persons to pursue appropriate remedy for more compensation.