Damages for breach of fundamental right (art 21 and 14)

Damayanti (Querist) 29 June 2014 This query is : Resolved
In the writ Petition under Art 226 to redress the fatal breach of fundamental rights (Art 21 and 14) by the state functionary and also judiciary, .... Is it allowed to demand the damages and compensation for the injury caused and harm to physical and mental trauma psychological injuries etc.??

OR

Would the HC ask the petitioner to file civil suit for damages?

Is it proper for HC to say that HC would only deal with breach of FR and damages should be dealt by the civil court?

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Guest (Expert) 30 June 2014
Generally, no.

Maybe, if the matter is trifle and the counsel adamant.

Depends on the psychology of the court.

Go through Nilabati Behera's case....

Biswanath Roy (Expert) 30 June 2014
Constitutional Court determines the question of constitutionality and breach caused if any. Whereas, Damage and Compensation is a civil matter which can be deal with by the Civil Court.

T. Kalaiselvan, Advocate (Expert) 02 July 2014
I agree with the experts views. Probably the writ court if confirms, for the compensation matter you may have to approach appropriate civil court, go through the orders once again.

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