KASTURILAL RALIA RAM JAIN VS. STATE OF UTTAR PRADESH



KASTURILAL RALIA RAM JAIN VS. STATE OF UTTAR PRADESH

Citation:1965 AIR 1039

Bench:Gajendragadkar, P.B. (CJ), Wanchoo, K.N., Hidayatullah, M., Dayal, Raghubar, Mudholkar, J.R.

Applicable law:Article 300(1) of the Constitution of India – State liability for tortious acts of its servants.

FACTS

Ralia Ram was taken into custody by three police constables on suspicion of being possession of stolen property. His property inclusing gold, weighing 103 tolas 6 mashas and 1 ratti, silver weighing 2 maunds and 6 ½ seers were seized and kept in malkhana till the disposal of case. On 21st September, 1947 he was released on bail and after sometime only the silver seized from him was returned to him. Raila Ram then made repeated demands for the return of the gold which had been seized from him and since he could not recover the gold from the police officers, he filed the present suit against the respondent in which he claimed a decree that the gold seized from him should either be returned to him, or, in the alternative, its value should be ordered to be paid to him.

The alternative claim thus made by him consisted of Rs. 11,075-10-0 as the price of the gold and Rs.355 as interest by way of damages as well as future interest. The respondent resisted the claim and contended that they were not liable to return either the gold or pay the money vale of gold with interest. The respondent accused Mohammad Amir, who was then the head constable, flew away to Pakistan with the gold and some other cash and things kept in malkhana on 17th October, 1947. The gold was kept in police malkhana under his charge. Case has been registered u/s. 409 of the Indian Penal Code and s. 29 of the Police Act against Mohammad Amir but nothing effective could be done in spite of the best efforts made by police department. The respondent pleaded that state would not be held guilty for negligence.

Procedural History

The Trial Court found favour of the appellant and ordered a decree to pay money value of gold. The respondents challenged the correctness of this decreeby an appeal before the Allahabad High Court and it was urged on its behalf that the trial Court was in error regarding both the findings recorded by it in favour of the appellant. These pleas have been upheld by the High Court. It was found that no negligence had been established against the police officers in question and that even if it was assumed that the police officers were negligent and their negligence led to the loss of gold, that would not justify the appellant’s claim for a money decree against the respondent.

The appellant then moved to the Supreme Court by an appeal. They urged that the High Court was in error in both the findings recorded by it in favour of the respondent. The first finding is one of fact and the second is one of law.

ISSUES

Two substantial questions arose between the parties:

  • Whether the police officers in question were guilty of negligence in the matter of taking care of the gold which had been seized from Ralia Ram?
  • Whether the respondent, State of Uttar Pradesh should be held liable to compensate the appellant for the loss caused to it by the negligence of the public servants employed by the respondent/

HELD

The Supreme Court in the present case, after considering all the evidence and appeals rose from the side of appellants, observed that “The powers to arrest a person, to search him, to seize property found with him, are powers conferred on specified officers by statute and are powers which could be properly characterized as sovereign powers.  Therefore, though the negligent act was committed by the employees of the respondent-State during their employment, the claim against the State could not be sustained, because, the employment in question was of the category which could claim the special characteristic of sovereign power.”

CONCLUSION

The decision of the Supreme Court in Kasturilal’s case is not satisfactory and has been criticized by leading constitutional authority. It fails to appreciate the modern development of law where there is no logical basis for State immunity which has been abolished in the country of its origin. Although the decision of Supreme Court in this case is yet to be overruled subsequent decisions have greatly undermined its authority and are hardly ever used as a precedent. The Courts in later years, by liberal interpretation, limited the immunity of State by holding more and more functions of the State as non-Sovereign. To ensure the personal liberty of individuals from abuse of public power, a new remedy was created by the Apex court to grant damages through writ petitions under Article 32 and Article 226 of the Constitution.

The latest case ofState of A.P. v. Challa Ramakrishna Reddy[1] on the point clearly indicates that the distinction between Sovereign and non-Sovereign powers have no relevance in the present times. The Apex Court held that the doctrine of Sovereign immunity is no longer valid. Thus, an attempt has been made to distinguish the sovereign and non-sovereign functions with the help of principles laid down in the various judgments rendered by the Apex Court. However, as no interpretation of the term ‘sovereign functions’ exists, the differentiation has to be made with the help of interpretation of the term as has been carried out for other legislations.

PRECEDENTS

Ø  In this case, the Supreme Court followed the rule laid down in P.S.O. Steam Navigation case[2] by distinguishing Sovereign and non-Sovereign functions of the state and held that abuse of police power is a Sovereign act, therefore State is not liable. It may also be noted that Vidyawati’s case was distinguished as being confined to tortuous liability arising from the exercise of sovereign power.

Ø  In the present case, the appellants took the support of the principle recognized by this Court, in State of Rajasthan v. Mst. Vidhyawati and Anr,[3]wherein a claim was made by the respondents for damages against the State of Rajasthan and the said claim was allowed by this Court. In upholding the decision of the High Court which had granted the claim, this Court observed that the liability of the State for damages in respect of a tortious act committed by its servant within the scope of his employment and functioning as such was the same as that of any other employer. In support of this conclusion, the court said that the immunity of the Crown in the United Kingdom was based on the old feudalistic notions of justice, namely that the King was incapable of doing a wrong, and, therefore he could not be sued in his courts. Such a notion was inconsistent with the Republican form of Government in our country, particularly because in pursuit of their welfare and socialistic objectives, States in India undertook various industrial and other activities and had to employ a large army of servants. Thus, there would be no justification that why the State should not be held liable vicariously for the tortious acts of its servants. It is, on these observations that Mr. M. S. K. Sastri relied on and contended that the said observations as well as the decision itself can be, easily extended and applied to the facts in the present case.

  • The court while giving its judgment considered the following decisions upholding the side of respondents

REFERENCES

Books

1.     Constitution of India – J.N. Pandey

 

2.     Indian Constitutional Law – M.P. Jain

 

Online Resources

 

https://www.manupatra.org/

                                                                               

 

 



[1] (2000) 5 SCC 712

[2]Peninsular and Oriental Steam Navigation Company vs. Secretary of State for India, (1861) 5 Bom HCR.

[3] 1962 SC 933.

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