Even as a court in Umergaon has issued an arrest warrant against jailed Deputy Superintendent of Police Dr N K Amin for his alleged role in the custodial death of retired Col. Pratap Save, the latter’s family has moved the Gujarat High Court for monetary compensation from the state government.

The family has sought compensation on the plea that the police involved in the offence represented the state and was acting on its behalf. The petition filed by the late Army officer’s wife Sunita under the Concept of Constitutional Tort (CCT) is now pending before Justice K S Zhaveri. CCT was initiated by the Supreme Court for seeking compensation in cases of violation of fundamental rights of citizens by government agents, particularly in cases of police atrocities. In her submission, Sunita argued that her husband’s fundamental right to life, as guaranteed under Section 21 of the Constitution, was violated by the policemen representing the state government, resulting in his death.

She has now demanded compensation, apart from criminal action against the accused policemen.

Sunita’s advocate Girish Patel told The Indian Express that with the Umergaon court initiating criminal action against the accused policemen, the claim for compensation has become much stronger.

Patel said, under provisions of CCT, the court does not need to wait for completion of the entire criminal proceedings to award compensation in a prima facie case. Conducting a criminal proceeding could take a long time, he said.

He said Justice R R Tripathi of the Gujarat High Court had recently ordered a compensation of Rs 2 lakh to one Kanchanben Vaghnani of Jamnagar district whose husband Prabhudas was killed in police action during an agitation against the arrest of L K Advani during the Ramjanmabhoomi Rath Yatra in Bihar in 1990.

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