Ritu Bahri, J. - (1.) THIS petition under Articles 226/227 of the Constitution of India is for issuance of writ in the nature of mandamus directing the respondents to pay damages on account of death of Kuldeep Singh on 01.02.1998 in road blockade and traffic jam on G.T. Road Samalkha, on account of lathi charged by the police at the instance of the respondents.
(2.) PETITIONER No. 1 is the widow of Kuldeep Singh whereas petitioner No. 2 is the major daughter, petitioner Nos. 3 and 4 are the minor daughters and petitioner No. 5 is the minor son of Kuldeep Singh. Kuldeep Singh (since deceased) born on 24.05.1959, was a transporter and running his business at Ambala Cantt and residing with his family there. On 29.01.1998, Kuldeep Singh had gone to Bharatpur (Rajasthan) to attend the marriage of one of his relations and was coming back to Ambala by Bus No. C -3344 -HR10 -PA -0126 of Haryana Roadways. He had purchased tickets from the bus bearing Nos. EC518532, Q 807686, FI 568126, FI 568125, EG070010, B 273550 from Bus Conductor Hawa Singh on 01.02.1998. There was a traffic jam in connection of the brutal murder committed by the local police of young Canter -Driver Sat Pal, aged 33 years when he was taking his canter from local railway crossing, who has refused to give bribe to the police officials on 31.01.1998. This jam on 01.02.1998 was on account of the agitation by the public. The bus in which the deceased Kuldeep Singh was travelling reached near Samalkha on G.T. Road, it was held up in the jam. Kuldeep Singh proceeded to get another vehicle to reach Ambala. The police officials broke the glasses of the vehicles, threw stones on the public, brutally lathi charged and used tear gas shell. The public started running and the deceased Kuldeep Singh also started running picking up his attachi. At the instance of Smt. Jaiwanti Sheokant, D.C. Panipat, the police officials of P.S. Samalakha and respondent Nos. 2 and 3 lathi charged the public gathered on G.T. Road and also opened the tear gas shell. It created panic among the persons present there and also polluted the atmosphere on account of which Kuldeep Singh breathed his last at the spot i.e. on G.T. Road Samalakha in front of the office of BJP. The occurrence took place at 4 P.M. and the dead body of Kuldeep Singh remained lying at the place of occurrence for the last more then two hours. One Raghubir Singh who is employed at Ashok Dharam Kanta, G.T. Road Samalkha saw deceased Kuldeep Singh lying dead along with ralling reported the matter to the police (P -1). Thereafter, F.I.R. bearing N. 43 on 02.02.1998 was lodged by the police against the erring police officials under Section 302/34 IPC, who were responsible for the brutal murder of Canter Driver Sat pal. The two police official i.e. Jai Pal and Charan Singh were arrested lateron in that F.I.R. arising out of F.I.R. No. 43.
(3.) CHIEF Minister Haryana gave a sum of Rs. 1,10,000/ - to the family of deceased Sat Pal. This all was published in Daily Punjab Kesari Ambala dated 02.02.1998 and Daily Rastriya Sahara New Delhi dated 02.02.1998 (P -2 and P -3) respectively.;