In D.K. Basu v. State of West Bengal, the Supreme Court
observed that the Court was required to order compensatory relief " not by way of damages as in the civil action but by way of compensation in the public law jurisdiction for the wrong done, due to breach of public duty by the State of not protecting the fundamental right to life of the citizen. To repair the wrong done and give judicial redress for legal injury is a compulsion of judicial conscience." It was held that the award of compensation for established infringement of the indefeasible rights guaranteed in Article 21 of the Constitution "is a remedy available in the public law since the purpose of public law is not only to civilize public power but also to assure citizens that they live in a legal system wherein their rights and interests shall be protected and preserved. Grant of W.P. (C) No.21139 of 2005 Page 7 of 17 compensation in proceedings under Article 32 or Article 226 of the Constitution of India for the established violation of the fundamental rights guaranteed under Article 21, is an exercise of the Courts under the public law jurisdiction for penalizing the wrong doer and fixing the liability for the public wrong on the State which failed in the discharge of its public duty to protect the fundamental rights of the citizen."
State is liable to compensate the Petitioner and her two minor children for the death of her husband in the bomb blast that took place at the Liberty Cinema Hall.
full judgment
observed that the Court was required to order compensatory relief " not by way of damages as in the civil action but by way of compensation in the public law jurisdiction for the wrong done, due to breach of public duty by the State of not protecting the fundamental right to life of the citizen. To repair the wrong done and give judicial redress for legal injury is a compulsion of judicial conscience." It was held that the award of compensation for established infringement of the indefeasible rights guaranteed in Article 21 of the Constitution "is a remedy available in the public law since the purpose of public law is not only to civilize public power but also to assure citizens that they live in a legal system wherein their rights and interests shall be protected and preserved. Grant of W.P. (C) No.21139 of 2005 Page 7 of 17 compensation in proceedings under Article 32 or Article 226 of the Constitution of India for the established violation of the fundamental rights guaranteed under Article 21, is an exercise of the Courts under the public law jurisdiction for penalizing the wrong doer and fixing the liability for the public wrong on the State which failed in the discharge of its public duty to protect the fundamental rights of the citizen."
State is liable to compensate the Petitioner and her two minor children for the death of her husband in the bomb blast that took place at the Liberty Cinema Hall.
full judgment
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