Saturday, July 17, 2010

CASE LAW : HUMAN RIGHT AND CONSTITUTION

### ILLEGAL DETENTION OF A PRISIONER IN JAIL WITHOUT ANY ORDER IS LIKELY TO BE AN INFRIDGMENT OF FUNDAMENTAL RIGHT GIVEN UNDER OUR CONSTITUTION. ALLAHABAD HIGH COURT PASSED AN ORDER FOR THREE LAC COMENSATION AGAINST STATE GOVERNMENT. .


### BLOCKEDGE OF PUBLIC PLACE BY ANY ACT IS TOTALLY INFRIDGEMENT OF FUNDAMENTAL RIGHT GIVEN UNDER ART. 19[1][d] OF INDIAN CONSTITUTION. ACCORDING TO ORRISSA HIGH COURT , STATE GOVT. IS RESPONSIBLE FOR COMPENSATION TO AFFECTED PERSON. THIS AMOUNT MAY BE RECOVERED FROM RESPONSIBLE PERSON.


### STATE GOVT. IS DUTY BOUND TO PROTECT THE PONDS OF VILLAGES . IF ANY LOSS OR DEATH OCCURED DUE TO UNSAFE PONDS STATE GOVT . IS RESPONSIBLE TO PAY COMPENSATION . THIS VIEW IS OF RAJSTHAN HIGH COURT.


### ELECTRICITY IS INCLUDE IN THE RIGHT OF LIFE UNDER ART. 21 OF THE INDIAN CONSTITUTION.BECAUSE WITHOUT EIECTRICITY THERE IS NO LIFE.THIS IS THE VIEW OF ALLAHABAD HIGH COURT.


### IT IS THE CONSTITUTIONL OBLIGATION OF THE STATE TO PROTECT THE LIFE, LIBERTY AND PROPERTY OF A PERSON .MADRAS HIGH COURT HELD THAT THAT IF ANY PERSON'S PROPERTY IS TAKEN AWAY WITHOUT AUTHORITY OF LAW BY ANY PRRSON , SUCH PERSON CAN PROTECT HIS RIGHT BY APPROACHING HIGH COURT UNDER ART. 226 OF THE CONSTITUTION OF INDIA.. NOT WITHSTANDING DELITION OF ART. 19[1][f] AND ART.32.


### DEATH OF UNDER TRIAL PRISONER IN JAIL DUE TO FAILURE OF JAIL AUTHORITIES TO PROVIDE TIMELY MEDICAL TREATMENT IS AMOUNTING TO BREACH OF HIS RIGHT OF LIFE. ALLAHABAD AND BOMBAY HIGH COURTS HELD THAT THE STATE GOVT. IS HELD LIABLE TO PAY COMPENSATION TO HIS DEPENDENTS.




*** PRAMOD KUMAR AGRAWAL , ADVOCATE MEMBER : HIGH COURT BAR ASSOCIATION , ALLAHABAD.

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