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Supreme Court of India 2016-08-12 partly_allowed

Anita Thakur & Ors vs Govt. of J&K & Ors

Bench: 2 — A.K. Sikri

In Brief

Jammu migrants organized a peaceful protest march to Delhi to demand implementation of relief measures. Police forcibly stopped them near Katra, and when the march resumed on 7 August 2007, police used lathis and tear gas. Three petitioners—party leaders and a journalist—were beaten and detained. The Court found that while the protesters initially turned violent by throwing stones, police continued excessive force even after gaining control, beating the already-overpowered petitioners. This violated their fundamental rights. The Court awarded compensation of ₹2 lakhs to the first petitioner and ₹1 lakh each to the others, holding the State liable despite the protesters' partial responsibility.

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Fundamental Rights Police Misconduct Compensation Peaceful Protest Public Order Custodial Violence

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