CASE COMMENTARY ON KASTURILAL RALIA RAM JAIN VS STATE OF UTTAR PRADESH

AUTHOR – ARYAN GARG, STUDENT AT CHRIST (DEEMED-TO-BE) UNIVERSITY, BENGALURU

Best Citation – ARYAN GARG, CASE COMMENTARY ON KASTURILAL RALIA RAM JAIN VS STATE OF UTTAR PRADESH, ILE LEX SPECULUM (ILE LS), 1 (1) of 2023, Pg. 1-6, APIS – 3920 – 0036 | ISBN – 978-81-964391-3-2.

ABSTRACT

The case of Kasturilal Ralia Ram was a watershed moment in the Indian legal framework. The appeal before the hon’ble Supreme Court prayed for compensation against the negligent acts of the state’s officers, that resulted in irretrievable monetary loss to the plaintiff. The plaintiff had been wrongly detained under alleged suspicion of carrying stolen property. When released on bail, the concerned police authorities failed to return the goods seized from him. His repeated requests of recovery of his goods turned out as futile. The hon’ble Allahabad High Court, dismissed his claims, by upholding the state’s immunity from liability. The hon’ble apex court, though, did not sustain the contentions of the plaintiff considering the rule of sovereign immunity, but, called for greater relaxation of such rule and a shift in the legislature’s tendency in maintaining its impunity in every action of the state.

KEYWORDS: Vicarious Liability, Sovereign Immunity, Tortious Negligence, Non-sovereign Functions, Government