Justice P Bhavadasan ordered state government to pay Rs 2.5 lakh as compensation to parents of Balakrishnan of Kasaragod, who was murdered on September 18, 2001, ruling that improper investigation by Kerala Police resulted in violation of fundamental rights of the parents.
Balakrishnan had fallen in love with a Muslim girl named Rasina and had married her in June 2001, after eloping to Coimbatore. He was killed, allegedly by a quotation gang employed by the girl's parents, after they returned to their native place later on.
The girl's parents had disagreed to take her into their home after the murder and the girl is still staying in Balakrishnan's home. Parents of Rasina were deadly against the marriage and said that the marriage brought shame to the girl's family as well as entire Muslim community, petition by Balakrishnan's parents said.
The parents, M Gopalan and Pankajakshi of Avikara near Kanhangad in Kasargod, had sought a compensation of Rs 2 crore from the state government, alleging that police not only failed to prevent their son's murder but also didn't conduct a proper probe.
Alleging improper investigation, the parents had approached the high court multiple times, with the court finally ordering a CBI investigation, finding that Kerala Police's probe is not progressing in a fair manner. The CBI probe was completed but trial in the case is still pending.
Though the government's counsel argued that the parents have to file a civil suit to claim compensation, the court dismissed it. Public law remedy by way of resorting to judicial review method has now been accepted as an effective mode of rendering quick justice, the court held.
The right to have a fair, impartial, and proper investigation is part of right to life envisaged under Article 21 of the Constitution. If there was no proper investigation or if there was callousness or indifference on the part of the investigating agency concerned, that amounts to violation of the fundamental right envisaged under Article 21 of the Constitution, the judge ruled.
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