Court case(1990) 1 SCC 422

Saheli, a women's organisation, filed a petition under Article 32 on behalf of poor women tenants in a locality of Delhi who were being harassed by their landlords with the help of the local police. One of them, Kamlesh Kumari, alleged that her nine-year-old son Naresh had been severely beaten by a police officer during an incident connected with these disputes, and that the boy died as a result of the injuries. An inquiry and the investigation supported the allegation that the child's death was caused by the beating by the police officer.

The Supreme Court held that the State was liable for the death of the child caused by the excesses of its police officers acting under colour of their office, and that the defence of sovereign immunity could not protect the State in such a case of violation of the right to life. It directed the Delhi Administration to pay Rs 75,000 as compensation to the mother, Kamlesh Kumari, leaving the Administration free to recover the amount from the officers responsible. The Court relied on its earlier decisions on compensation for violation of Article 21, including Rudul Sah and Bhim Singh.