STATE OF ANDHRA PRADESH v. CHALLA RAMA KRISHNA REDDY

 


Case Name: -STATE OF ANDHRA PRADESH v. CHALLA RAMA KRISHNA REDDY

Citation: - AIR2000SC2083

Bench: - SAIYED SAGHIR AHMAD & D.P. WADHWA

(If there is any negligence on part of officers of state, then State will be liable to pay damages.)

FACTS:

Mr ChallaChinnappa Reddy and his son named Mr Challa Rama Krishna Reddy were involved in a criminal act of Case No. 18/1997 of Owk Police Station in BaganpalleTaluk of Kurnool District. Because of this particular act, they were arrested on 25th April, 1977 and were sent to the judicial custody on remand on 26th April, 1977. They were kept in Cell No.7 of Koilkuntla sub-jail and between the nights of 5th or 6th of May, 1977 around 3:30 A.M., some persons entered this sub-jail and bombed the Cell. No.07.

Because of this incident, ChallaChinnappa Reddy sustained grievous injuries and was died in the Government Hospital of Kurnool and his son somehow escaped this incident and only affected with minor injuries. The family members of ChallaChinnappa Reddy i.e., Challa Rama Krishna reddy, four other brothers and his mother against the state of Andhra Pradesh for claiming damages of worth 10 lakhs on the basis of negligence of the State which resulted in the death of ChallaChinnappa Reddy.

Procedural History before the appeal:-

 

When the suit was filed before the trial court, on the grounds of limitation and the sovereign immunity the case was dismissed. Aggrieved with this decision they filed an appeal before High Court and the Court awarded damages of worth 1, 44,000/- with 6% of interest from the date of the suit and which is why the reason the State of Andhra Pradesh filed an appeal before Supreme Court of India.

ISSUES:

1.     Whether the suit was barred by limitation that no damages can be awarded to the respondents or not?

2.     Whether the State is immune from any kind of legal action or not? Though there is negligence on the part of the officers of the state.

ARGUMENTS:-

Appellants

Ø  The appellants contended that suit was barred by limitation as states under Article-72 of Limitation Act, 1963. The suit can only be filed within one year i.e., the act committed in 1977 but the suit was filed in 1980 which was barred by time.

Ø  The prisons all over the country was established and maintained by the Central Government and the State is immune from any kind of legal action and the suit for compensation is not maintainable.

Ø  The case of KasturilalRalia Ram Jain v. State of U.P[1] should be taken into consideration as the state cannot do any wrong in which the Sovereign Immunity would be coming into picture.

Respondents:

Ø  The respondents argued that the nature of the present suit is not governed by any residuary article which is why the reason Art-113 would be coming into picture where the time period of 3 years will be established but not the Article-72.

Ø  They also argued that they have sent the representation to the Collector and the Home Minister that their lives are at stake and the police officials have conspired to kill them. No serious action was taken in spite of representation.

Ø  The respondents contended that the theory of immunity has been exploded in many decisions and even damages were also awarded against the State even in respect of custodial deaths.

Ø  They further argued that Article-72 will be coming into picture only when a public officer acting in a bona fide way in pursuance of any Act commits any tort and it would not protect those public officials who act with a mala fide intention.

JUDGMENT:

The Supreme Court of India referred the case of N.Nagendra Rao v. State of Andhra Pradesh[2], in which it was held that no civilized system can permit any executive with the people of its country and claim that it is entitled to act in any manner because of its sovereignty. The Legal system cannot place the state above law because it deprives the rights of the citizens due to the negligent acts of the officers of the state.

The court already took an initiative in awarding the compensation to those people who have been suffered due to the acts of the state. It would not make any kind of difference as the present case is mainly dealing with 2 vital factors i.e., Police Conspiracy & Negligence. Here, it is clear that the state cannot be immune for the negligence act which was committed and which is why the reason the appeal got dismissed.

CONCLUSION:

Basically, in this case the Supreme Court of India dealt with the Sovereign Immunity (English Maxim) but however the Court made it clear that State cannot be granted any kind of immunity for their negligence acts because it deprives the fundamental rights of the victims. In this case, the Supreme Court referred to the Nagendra Rao v. State of A.P where the court made it clear that State cannot plead sovereign immunity any more for its negligent acts.

This was one of the great decision given by the Supreme Court with respect to sovereign immunity where the citizens of civilized country would not be deprived of their rights and the compensation will also be provided to them.

PRECEDENTS:

Ø  SanthoshUpadhyay and Ors v. State of Uttarakhad and Ors[3]

Ø  Shiv Kumar Verma and Ors v. State of U.P and Ors[4]

Ø  JitlalMahato and Ors v. State of Assam[5]



[1]1965 AIR 1039

[2] AIR 1994 SC 2663

[3] MANU/UC/0751/2021

[4]2021 (116) ACC 202

[5]2019(199)AIC765

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