STATE OF ANDHRA PRADESH versus CHALLA RAMKRISHNA REDDY AND ORS.

STATE OF ANDHRA PRADESH versus CHALLA RAMKRISHNA REDDY AND ORS.

Article 72 of the Limitation Act, 1963 does not apply to malafide acts or omissions not performed bona fide in pursuance of statutory authority; therefore, Article 113 applies and the suit was within limitation. The State is not immune for tortious acts committed in the course of alleged sovereign functions that violate constitutional rights; prisoners retain their right to life under Article 21, even in jail, and the State must ensure protection.

Parties
Appellant: State of Andhra Pradesh; Respondents: Challa Ramkrishna Reddy and others
Jurisdiction
India
Judgment Date
26 April 2000
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
State Liability for Negligence, Prisoners' Constitutional Rights, Limitation Period for Suits Against State
Constitutional Law Tort Law Limitation Law State Liability for Negligence Prisoners' Constitutional Rights Limitation Period for Suits Against State

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Parties

State of Andhra Pradesh

Appellant

Challa Ramkrishna Reddy and others

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether Article 72 or Article 113 of the Limitation Act, 1963 applies to suit for compensation for death of prisoner due to negligence
  2. 2 Whether the State is immune from liability for tortious acts committed during sovereign functions in jail administration
  3. 3 Whether prisoners retain fundamental rights including right to life under Article 21 of the Constitution

Ratio Decidendi

Article 72 of the Limitation Act, 1963 does not apply to malafide acts or omissions not performed bona fide in pursuance of statutory authority; therefore, Article 113 applies and the suit was within limitation. The State is not immune for tortious acts committed in the course of alleged sovereign functions that violate constitutional rights; prisoners retain their right to life under Article 21, even in jail, and the State must ensure protection.

Court Disposition

Appeal dismissed

Orders

  • High Court decree for Rs. 1,44,000 with interest at 6 percent per annum from the date of suit till realisation upheld