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Can't put gun or hang us with our orders: HC

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Press Trust of India New Delhi
Last Updated : Sep 07 2016 | 8:42 PM IST
"You cannot put a gun on us" and "hang us with our orders", the Delhi High Court today told a petitioner who was seeking enhancement of compensation to Rs one crore from Delhi government for "disregard" shown to his son's body at a hospital here.
A bench of justices B D Ahmed and Ashutosh Kumar came down heavily on the counsel for the petitioner, whose son's eye and part of an ear were allegedly found missing from his body which was kept for autopsy at a city hospital.
The court said the issue raised by counsel appearing for father of the man, who was convicted by the trial court for murder of his wife, for compensation did not fall under the jurisdiction of a writ court and a PIL in this regard cannot be entertained.
It said the convict's family members have already received a compensation of Rs 10 lakh from Delhi government.
The bench further observed that if the convict's father wished to seek enhanced compensation, he would have to approach an appropriate forum.
"It is suppose to be a Public Interest Litigation. Now it has become a private interest litigation," the bench said.

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To this, advocate R P Luthra, who was representing the man's father, said there were orders passed by this court with regard to award of compensation and the bench should hear the matter.
In a sharp reaction, the bench said "You are before a court of law but you cannot put a gun on us and tell us to do exactly what you want. You cannot hang us with our orders."
Anguished over the way the counsel was arguing the matter, the bench said "don't show such facial expressions as if you are arguing like a party".
"You cannot force us. We are sympathetic towards the man's family. If you want to skin the authorities, go before the appropriate forum. You got the compensation due to pendency of this PIL," the judge observed, adding, "do not do drama and theatrics in this court."
It said that since the court was dealing with the "sheer disregard" for a dead body shown by the hospital and the police after the convict's death in the hospital, there was no point of hearing the matter of compensation.
"The pain which you are facing is nothing as compared to the pain which we face," the bench said.

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First Published: Sep 07 2016 | 8:42 PM IST

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