RUDUL SAH versus STATE OF BIHAR AND ANOTHER
Supreme Court has jurisdiction under Article 32 to award compensation as a remedy for violation of fundamental rights, especially for illegal detention, and in this case, refusal to do so would be lip-service to the right to liberty.
- Parties
- Petitioner: Rudul Sah; Respondent: State of Bihar; Respondent: Another
- Jurisdiction
- India
- Judgment Date
- 01 August 1983
- Procedural Posture
- Writ Petition (criminal) No. 1987 of 1982 / Final Judgment on Merits
- Outcome
- Petition allowed
- Legal Topics
- Article 32 Remedies for Enforcement of Fundamental Rights, Article 21 Right to Life and Personal Liberty, Illegal Detention, Compensation for Violation of Fundamental Rights
Case Brief
Summary, issues, holding and outcome
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Parties
Rudul Sah
Petitioner
State of Bihar
Respondent
Another
Respondent
Procedural Posture
Writ Petition (criminal) No. 1987 of 1982 / Final Judgment on Merits
Legal Issues
- 1 Whether Supreme Court can grant compensation under Article 32 in a habeas corpus petition for deprivation of fundamental rights
- 2 Whether Article 21 encompasses a right to compensation for its violation
Ratio Decidendi
Supreme Court has jurisdiction under Article 32 to award compensation as a remedy for violation of fundamental rights, especially for illegal detention, and in this case, refusal to do so would be lip-service to the right to liberty.
Court Disposition
Petition allowed
Orders
- As interim measure, State of Bihar must pay petitioner Rs. 30,000 in addition to Rs. 5,000 already paid.
- Payment to be made within two weeks.
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