Title:- A analysis on Fundamental rights are granted to citizens or non citizens

Petitioner:-TheChairman, RailwayBoard& ORS. Vs.

Respondents:- MRS. ChandrimaDas& ORS.

Dateof Judgment:- 28/01/2000

BENCH:- R.P.Sethi, S.Saghir Ahmad

Facts of the case:-

·        Ms. Chandrima Das, who filed a petition under Article 226 of the Indian Constitution, was a practicing lawyer in the Calcutta High Court when the matter was heard for the first time in 1998.

·        She filed on behalf of Smt. Hanuffa Khatoon, a Bangladeshi national who was gang-raped by railway staff at the Eastern Railway’s Howrah Station.She was The Union Board’s elected representative.

·        On the 26th of February 1998, she came to Howrah Railway Station to board a specific Jodhpur Express to carry out her professional obligations. When Ashok and Siya Ram Singh (railway officials) contacted her and confirmed her reservation.

·        They both with others planned a conspiracy to rape herso that they had a waitlisted ticket in the Ladies Waiting Room for her.

·        After that they raped her in drunk condition. Later she was saved by the Jorabagan Police as a result of her cries for help.

Th efollowing laws which we are used in the case:-

1.      Writ Petitions under Articles 32 and 226 .

2.      Vicarious Liability arise here or not? Means when a person not doing that harm but responsible for that particular harm.

3.      Article 3,5,7,9 and 21 of the Indian Constitution. 

Issue raised:-

·        Is it right to say that  compensation could have been legally awarded under Article 226?

·        Is it correct to say that Fundamental rights are oy for citizens so  since Smt. Khatoon was a Bangladeshi national, can’t complain of the violation of Fundamental Rights ?

RatioandDecision:-

·        The HC has jurisdiction not only to grant relief for the enforcement of fundamental rights.

Case:-  Rudal Shah vs State of Bihar.

In this case compensation can be legally awarded  under public law, i.e. Article 226.

·        Fundamental Rights like Article 14 and 21 are available to’ persons’.

Persons means:- CITIZENS AND NON CITIZENS

So ,she can complain of a violation of FR even being a Bangladeshi national.

·        The Railways are a commercial body of Union can be held vicariously liable for the damage caused by the employees .

Held:-

APPEAL DISMISSED AND COMPENSATION TO BE PAID TO THE VICTIM.