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Supreme Court of India 2018-12-10 allowed

Amol Vitthalrao Kadu vs State of Maharashtra & Ors

Bench: 2 — Uday Umesh Lalit

In Brief

A police officer challenged a High Court order directing the State to pay ₹7 lakh compensation for a death in police custody and to recover this amount from the Investigating Officer. The Supreme Court held that while the State must pay compensation from public funds for established violations of the right to life, recovery from erring officials can occur only after their liability is legally determined. The Court modified the order to defer recovery until liability is established through ongoing legal proceedings, balancing immediate relief to victims with procedural fairness to officials.

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Constitutional Law Fundamental Rights Police Custody Deaths Compensation Vicarious Liability Administrative Law Writ Jurisdiction

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