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Supreme Court Of India

(From : Calcutta)*

Hon'ble Judge(s): S. Saghir Ahmad, R. P. Sethi , JJ

(A) Constitution of India , Art.226— Compensation - Rape committed on a woman by railway employees in a building belonging to railways - Petition for compensation by victim against Govt. - Maintainable notwithstanding that suit could be filed for damages in Civil Court. Civil P.C. (5 of 1908) , S.9— Where rape was committed by railway employees on a woman in a building belonging to railways, a writ petition filed by victim against Govt. for compensation would be maintainable and it cannot be said that she should have approached the Civil Court for damages and the matter should not have been considered in a petition under Art. 226 of the Constitution. Where public functionaries are involved and the matter relates to the violation of Fundamental Rights or the enforcement of public duties, the remedy would still be available under the Public Law notwithstanding that a suit could be filed for damages under Private Law. It was more so when it was not a mere matter of violation of an ordinary right of a person but the violation of Fundamental Rights which was involved as petitioner was a victim of rape which is violative of the Fundamental Right of a person guaranteed under Art. 21 of the Constitution.(Para 11 12) (B) Constitution of India , Art.226— 'L....