Principle used: Rex non potest peccare
Facts of the Case:
In this case, the plaintiff, Kasturi Ralia Ram was a partner in a jeweler company located in Amritsar. He had arrived Meerut to sell his gold and silver items, but unfortunately he caught by three police officers and taken in custody who suspected him of having possession of stolen property. He was taken to Kotwal Police Station and enquired. Approx. 103 tolas 6 mashes and 1 ratti of gold and 2 mounds and 6½ seers of silver were confiscated from him. After some time, Kasturi Raila Ram was released on bail, and the silver was returned to him but not the gold. He made so many requests and demand for the same but the police officers refused to give it back. Hence, he filed a suit and looking for either for the recovery of gold or the amount equal to the value of the gold. The respondent claimed a head constable of the malkahana named Mohmmad Amir had misappropriated the gold and fled away to Pakistan. The Police had tried to trace him but were unsuccessful. Thus, the respondents claimed that it was not their fault.
Issue involved in this case:
- Can the Police be held guilty of negligence for not taking proper care of Kasturi ram’s Gold?
- is the respondent liable to compensate Kasturi Ram for his loss due to the negligence of the public servants appointed by the State?
- Can the defence of discharging sovereign functions be given to the respondent against the charge of negligence?
Judgement of the Court:
The Supreme Court of India held that the defendant was not liable to compensate the plaintiff. It granted the defence of functions discharged under sovereign power to the respondent. It was observed that the powers to arrest, search and seize property falls under the sovereign powers conferred on the specified officers by the statue. These powers fall under the category of sovereign powers and hence provide immunity to the officers in question. Even though the employees of the State had committed a negligent act during the course of employment, they could claim immunity under sovereign power. The decision was based on the maxim ‘rex non-potest peccare’ which means to ‘the King can do no wrong’.