Supreme Court of India

GANGA MALIKversusUNION OF INDIA & ORS.

Citation: 2018 INSC 240
Decided: 16 March 2018
Disposal: Dismissed
Bench: A K SIKRI

Holding

The Supreme Court held that it cannot intervene in the ongoing criminal trial and therefore dismissed the writ petition, directing the petitioner to seek other reliefs from the State.

Summary

The petitioner, Ganga Malik, filed a writ petition under Article 32 seeking a mandamus directing the State of West Bengal to protect her life, expedite the trial of the case in which her son, Sub‑Inspector Amitava Malik, was killed, and pay compensation for the loss. The petition alleged that the accused had fired on the police party, resulting in the death of the petitioner’s son, and that the trial (Case No. 213) was already underway. The Supreme Court held that the criminal trial must proceed without judicial interference, stating that the law shall take its own course. It further observed that the petitioner could approach the State for any other reliefs, such as compensation, through appropriate channels. Consequently, the Court dismissed the writ petition, granting no mandamus or other relief.

Issues considered

Whether the Supreme Court can issue a writ of mandamus under Article 32 to direct the expeditious conclusion of an ongoing criminal trial.
Whether the Court can order protection of life and payment of compensation to the petitioner through a writ in a criminal matter.
Whether the petitioner's reliefs fall within the jurisdiction of the Supreme Court under Article 32.

Legislation cited

Constitution of Indias. Article 32

Subjects

Writ of mandamusArticle 32Criminal trialCompensationProtection of lifeSupreme Court interventionPolice death

Judgment

                         [2018] 4 S.C.R. 875                              875


                          GANGA MALIK                                     A
                                  v.
                    UNION OF INDIA & ORS.
              (Writ Petition (Criminal) No. 201 of 2017)
                          MARCH 16, 2018                                  B
          [A. K. SIKRI AND ASHOK BHUSHAN, JJ.]
       Writ: Writ of mandamus – Writ petition filed by father of Sub-
Inspector of Police who was killed when police party which consisted
of his son proceeded to arrest miscreants – While chasing the
                                                                          C
miscreants, the miscreants fired which hit son of petitioner and as a
result he died – The prayer in writ petition was protection of life of
petitioner and other family members; direction to State of West Bengal
to expeditiously conclude the trial and direction to State to pay
compensation for irreparable loss of losing her son – It was stated
in writ petition that case was already registered and trial was going     D
on – In so far as trial of criminal case is concerned the law shall
take its own course – As regards the other reliefs, it is open for the
petitioner to approach respondent no.2 for appropriate relief – By
granting said liberty to petitioner, writ petition is dismissed.
      CRIMINAL ORIGINAL JURISDICTION : Writ Petition                      E
(Criminal) No. 201 of 2017.
      Under Article 32 of the Constitution of India.
      P. S. Patwalia, Sr. Adv., Ms. Natasha Dalmia, Harshika Verma,
Sakshi Kakkar, Somiran Sharma, Advs. for the Petitioner.
                                                                          F
     Ms. V. Mohana, Kapil Sibal, A. M. Singhvi, Rakesh Dwivedi,
Kalyan Banerjee, Sr. Advs. S. Wasim A. Qadri, Ms. Madhavi Divan,
Ms. Nidhi Khanna, Ayush Puri, Mukesh Kumar Maroria, Suhaan
Mukherji, Kunal Chatterji, Raja Chatterjee, Ms. Nandani Mukherjee,
Chanchal Kumar Ganguli, Piyush Sachdev, Adeel Ahmed, Ms. Runa
Bhuyan, Ms. Nandini Sen Mukherjee, Advs. for the Respondents.             G

      The Judgment of the Court was delivered by
       ASHOK BHUSHAN, J. 1. The petitioner’s case in this writ
petition is that her son, Amitava Malik, Sub-Inspector of Police was
killed on 13.10.2017 when Police party which consisted of Amitava Malik
                                                                          H
                                 875
876              SUPREME COURT REPORTS                             [2018] 4 S.C.R.


A     proceeded to arrest several accused who were camping at south bank
      of river Chhota Rangeet, P.S. Sadar, Dajeeling. While chasing the
      miscreants the Police personnel were fired upon in which Amitava Malik
      son of the petitioner died. The petitioner in this writ petition has prayed
      for the following relief:
B              a) Issue a writ of mandamus or any other appropriate writ
               order or direction to the respondents to ensure that the
               petitioner and her family’s life is protected;
               b) Issue a writ of mandamus or any other appropriate writ
               order or direction to respondent No.2, State of West Bengal
C              to expeditiously conclude the trial in Sadar PS Case No.213
               dated 13.10.2017 preferably within a time bound manner
               and punish the culprits;
               c) Issue a writ of mandamus or any other appropriate writ
               order or direction to the respondent to pay compensation to
D              the petitioner for the irreparable loss of losing her son which
               cannot be quantified in monetary terms.
            2. Petitioner in the writ petition has stated that Case No.213 has
      already been registered in P.S. Sadar in which charge-sheet has also
      been submitted and trial is going on. In so far as trial of criminal case is
E     concerned the law shall take its own course. In so far as other reliefs,
      we are of the view that it is open for the petitioner to approach respondent
      No.2 for appropriate relief.
             3. By granting the aforesaid liberty to the petitioner, the writ petition
      is dismissed.
F
      Devika Gujral                                              Writ Petition dismissed.




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