Crucial To Distinguish Between Citizens’ Legitimate Expectations And Unreasonable Demands From State: Delhi High Court
Case: Ravi Gupta v. State(Govt of NCT of Delhi) & Anr.
Coram: Justice Swarana Kanta Sharma
Case No.: W.P.(CRL) 2359/2023
Court Observation: “…undoubtedly the citizens‘ expectation of protection of their life and liberty by the State is a fundamental aspect of governance in any society. Citizens look to their government to provide safety, security, and a legal framework that safeguards their rights and well-being. However, it’s crucial to distinguish between legitimate and reasonable expectations and illegitimate or unreasonable demands when it comes to the role of the State,”
“Citizens have every right to expect the State to provide these essential services as part of its social contract. On the other hand, there are situations where individuals may raise demands which do not fall within such scope. These demands may arise out of private affairs, personal disputes, or expectations that extend beyond the boundaries of what the State can reasonably provide or fall under remedy specifically provided under law”.
“The benefit of provisions of Cr.P.C. i.e. Sections 357/357A shall be available to the petitioner, as per law, as far as compensation is concerned, after conclusion of trial. Thus, this Court finds no merit in the present petition,”
“Thus, the Trial Court cannot provide any compensation at this stage to the victim in the present case i.e. the petitioner herein. The provision of Section 375A (4) of Cr.P.C. also has no application in the present case since the accused persons in the present case have been identified, chargesheet against them stands filed and the trial has already begun,”
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Crucial To Distinguish Between Citizens’ Legitimate Expectations And Unreasonable Demands
