Nilabati Behera v State of Orissa (1993)

Administrative Law · Government Privilege, Official Secrets & the Right to Information

Facts.

The petitioner’s son died in police custody from injuries. She sought compensation directly under Article 32.

Issue.

Can the Supreme Court award monetary compensation for a custodial death, and does sovereign immunity bar it?

Held.

Yes. Compensation is a public-law remedy for the violation of the fundamental right to life (Art. 21); sovereign immunity is no defence to a constitutional tort.

Why it matters.

It established the constitutional tort — compensation under Arts 32/226 for fundamental-rights violations — bypassing Kasturi Lal and creating the modern remedy for custodial death, illegal detention and torture.

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