'State Is Vicariously Liable For Security Failure': Srinagar Court Awards Compensation To 1985 Blast Victim's Family

A Srinagar court has held the State authorities vicariously liable for failing to provide adequate security at a public gathering in 1985 where a bomb blast claimed the life of a 22-year-old youth, and has directed the payment of ₹3.24 lakh as compensation to his family, along with interest.

The 2nd Additional District Judge, Srinagar, Swati Gupta, while decreeing the civil suit filed by the victim's legal representatives, observed that the State has a constitutional obligation under Article 21 to safeguard the lives of citizens, and any lapse in ensuring public security makes it accountable for restitution.

On October 13, 1985, a bomb explosion occurred at Radha Theatre, within the Exhibition Grounds in Srinagar. The victim, Avis Ahmed Shah, sustained grievous injuries in the blast and succumbed the next day at SKIMS, Soura.

His family, later arrayed as plaintiffs, contended that Shah was an innocent bystander and that his death resulted from the negligence of the authorities who failed to enforce foolproof security measures.

The State defendants, while not disputing the occurrence of the blast or the victim's death, denied liability for compensation.

Court's Findings

The Court noted that the deceased was not involved in any subversive activity and his death was directly attributable to the injuries sustained in the blast.

The incident reflected the failure of the State machinery in providing adequate protection at a public place.

Referring to Article 21 of the Constitution, the Court observed, “The deprivation of life in such circumstances cannot be brushed aside as a mere tragedy. The administrative set-up responsible for maintaining law and order is answerable for the lapse of security and owes a duty of restitution towards the affected family.”

The Judge also cited Lata Wadhwa v. State of Bihar (2001) 8 SCC 197, where the Supreme Court emphasized the responsibility of the State to extend relief to victims of tragedies, and noted that both Central and State Governments have notified schemes to support victims of terrorism and bomb blasts.

Quantum of Compensation

Taking into account the deceased's age (22 years), earning capacity (₹700–800 per month, with future prospects estimated at ₹1,500 per month), and applying the appropriate multiplier, the Court calculated the family's entitlement at ₹3,24,000.

The Court further directed payment of interest @8% per annum from the date of institution of the suit till realization, with an additional 4% per annum penal interest in case of default beyond two months.

The judgment comes nearly four decades after the incident, underscoring the State's continuing accountability for lapses in public safety leading to loss of life.

APPEARANCE:

Case-Law: Mohammad Yousuf Shah Thr. LRs vs State of Jammu & Kashmir, 2025

Mr. Aijaz Bedar Advocate Petitioner in person.

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