CP shootout: Victim's wife wants more compensation

Last Updated: Wednesday, December 07, 2011, 18:01

Tags: CP shootout, Victim, wife, Delhi HC, compensation

New Delhi: The Centre was on Wednesday asked by the Delhi High Court to respond to a plea for enhanced damages by the wife of a businessman, shot dead by a Delhi Police team in Connaught Place here 14 years ago in a case of mistaken identity.

A bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw issued notice to the Union Home Ministry and sought its response by February 23 on the plea by Pradeep Goyal's widow Neema, seeking enhancement of the Rs 15 lakh compensation awarded to her in July this year by a single- judge bench.

While issuing notices to the ministry, the high court also allowed Goyal to withdraw the compensation amount, already deposited by the ministry with the high court's registry as per the court's July 4 order.

"In the meantime, the appellant is at liberty to withdraw the amount of compensation deposited with the registry of the Delhi High Court without prejudice to her rights," said the bench.

A 10-member police team, led by erstwhile Assistant Commissioner of Police S S Rathi, which had fired upon Goyal's car on March 31, 1997 near Statesman House, were sentenced to life imprisonment in the sensational case.

Goyal was killed along with another businessman Jagjit Singh, while third businessman Tarun Preet Singh, who too was accompanying them in their car, was seriously injured. Police had mistaken Singh as a wanted gangster Mohd Yaseen.

Neema and Jaspal Kaur, Singh's wife, had earlier sought Rs two crore each as compensation. But the high court had awarded them Rs 15 lakh each as compensation.

A single judge bench of Justice S Muralidhar had awarded the compensation to the family of each of the victims, saying there must be "zero tolerance" for criminal acts by men in uniform.

The court after considering the Supreme Court verdict upholding life imprisonment to 10 policemen in the case had also taken a strong exception to a provision of Delhi Police (Punishment and Appeal) Rules allowing a cop to remain in service even after his conviction as long as his appeal remains pending.

The court had asked the home ministry to repeal that rule.

PTI

First Published: Wednesday, December 07, 2011, 18:01

Comments

SURAJ RATHI - DELHI
It is also worth mentioning here that during last more than 14 years from the date of this incident, the media have been running a campaign by publishing one sided stories. None from any section of the media either from print or from electronic have either contacted accused S.S. Rathi and others to know the other side of the story. That a section of media behaved in a deliberate and irresponsible manner by inaccurate reporting simply view to sensationalize the issue without any verification.The news items of Rashtriya Sahara dated 3.4.1997, Punjab Kesri dated 3.4.1997, Dainik Jagran dated 2.4.1997 and Hindustan Times dated 10.4.1997 had published various investigative, imaginative and speculative stories that the Italian pistol was rusted, not used and planted. whereas, the weapon in the sealed condition was sent to CFSL by CBI on 8.4.1997 and its reports were received on 17.4.1997 and 26.4.1997. That the concerned section of media behaved in the manner as an investigator, prosecutor and a judge. Instead, their approach should have been fair, accurate and balanced from ``both the sides``. These are one sided inaccurate stories overwhelmingly which influenced the general public and this adversely affected the right to fair trial and appeals of the accused persons and thus seriously curtailed life and liberty of the accused persons enshrined in the Constitution of India.

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SURAJ RATHI - DELHI
The following reports of C.F.S.L. expert are also relevant with this issue of planting the weapon. a. That the weapon is “fire arm” as defined in Arms Act and is in working order and had been fired through. b. That two spent and empty cases of 7.65 mm seized from the esteem car were fired from this Italian pistol. (Please note that no charge of planting these two spent bullet cases was framed) c. That seven live bullets of 7.65 mm recovered from the magazine of this Italian pistol were live one and could be loaded in and fired from this Italian pistol. d. That a stuck up bullet found in the barrel of this Italian pistol at the time of seizure from inside the car and having a dent on its percussion cap was attempted to be fired from this Italian pistol. e. That the possibility of firing from inside the car also cannot be ruled out. f. That this pistol of 7.65 mm is capable of inflicting injuries to constables Sunil Kumar and Subahsh Chand as described in their respective M.L.C.s when fired from within the Maruti Esteem Car with all the window glasses drawn up from close positions. g. That the cut holes on the clothes of Subhash Chand could have been caused with the help of this Italian pistol.