Judgment On 20th April, 1998 Mr. Kallol Guha Thakurata, learned Advocate of this Court drew the attention of the Court to a Newspaper Publication in the Daily 'Aajkal' and the Daily 'Telearaph' in its issue dated 20th April, 1998 to the extent that a man was killed by 'runway cracker' in course of fireworks displayed by the Army Personnel as a part of cultural programme at Bengal Rowing Club at Rabindra Sarabar. 2. On such mentioning we took the matter for consideration and directed the Pollution Control Board to make an enquiry into the matter. The police was directed to make an enquiry and submit a Report before this Court. The Pollution Control Board was also given certain directions for the purpose of obtaining necessary information in the matter. The Pollution Control Board submitted a Report before this Court on 6th May, 1998. 3. During the pendency of the matter Mr. S.C. Bose, learned Counsel appearing for the Army Authority. Mr. P.C. Sen, learned Counsel for the Bengal Rowing Club, Mr. Gita Nath Ganguly, Special Officer, Mr. M.C. Das, learned Advocate for the Pollution Control Board held meeting between the parties and for the purpose of finding out certain solution. It is not in dispute that Sri Subra Jyoti Sengupta was killed by the use of fireworks and the remnants of the fireworks fell on his head causing accidental death apart from causing sound pollution. 4. It appears that the Army Authority, Bengal Rowing Club represented by Mr. S.C. Bose, Mr. P.C. Sen, Mr. Gita Nath Ganguly, Special Officer, Mr. M.C. Das learned Advocate for the Pollution Control Board sat together for the purpose of putting to an end such matter. 5. On behalf of the Major General OS Lohchab VSM General Officer Commanding, Head Quarter, Bengal Area, Indian Army has offered for acceptance by this Court a package which are as follows:- "(a) Employment to you (wife of Kate Shri Subra Jyoti Sengupta) as teacher in Army School, Ballygunge Camp commensurating with your educational qualification-with effect from a date acceptable to you taking into account your child delivery and post natal commitments." The date of joining should be communicated by the widow of Subra Jyoti Sengupta (deceased) for joining in the said school as teacher. "(b) To meet all expenses for delivery of the child, in Command Military Hospital, under care and supervision of highly experienced and competent military doctors." The entire delivery expenses should be free of cost at the military hospital subject to which she had full consent. "(c) Routine medical care including pathological examinations treatments, medicines emergency management of an ailment at Military Hospital free of cost to all members of the family i.e. father, mother of the deceased, wife and two children (including the one expected)" Benefit will given for life long to the parents and the widow and the two children till they attain majority. "(d) Free education to the two children (including the one expected) upto 12th Standard." Free education be given to the two children including one who is expected (upto 12th Standard) in Army School. "(e) Canteen-CDS (10 facilities)." as one is entitled person except liquor;" "(f) Ration as per laid down scale on payment from Army Retail Ration Shop." same would be given as any entitled person." 6. So far as Bengal Rowing Club is concerned they have agreed to pay a sum of Rs.12,50,000/- by way of one time monetary help to the family of the deceased. 7. Considering the facts and circumstances of the case we direct the Army Authorities to extend the benefits as indicated in their letter dated 29th June, 1998 which would be kept on Record. So far as the sum offered by Bengal Rowing Club is concerned the same is quite reasonable. The Bengal Rowing Club is directed to pay the said sum by two cheques one in the name of the widow Smt. Dipanitya Sengupta for a sum of Rs.8,50,000/- and the other in the name of the mother of the deceased Smt. Swapna Sengupta Rs.4 lakhs 8. Initially no criminal case was started by the police and pursuant to the directions given by this Court a case was started by the Calcutta Police. 9. We have also heard learned Advocate General on this count who appeared in the matter pursuant to the notice given by this Court and after considering the offers made by the Army Authorities as well as Bengal Rowing Club, Mr. Advocate General expressed his satisfaction in the matter for a peaceful solution which will help the family of the deceased by extending such help which was highly appreciated by him. 10. Advocate General expressed his satisfaction in the matter for a peaceful solution which will help the family of the deceased by extending such help which was highly appreciated by him. 10. If a criminal case is allowed to continue it is not known what will ultimately happen. When the parties feel themselves responsible for the death of Subra Jyoti Sengupta had extended their hands to help the family of the deceased in order to overcome the difficulty to the satisfaction of this Court and the family members have accepted such offer we are of the view that the criminal case should not continue any longer against them. If a criminal prosecution is allowed to continue in the usual way in that event the family will not get any benefit or assistance. Accordingly for the purpose of upholding the basic structure of the Constitution-social and economic Justice should be extended to the people and in the instant case life of Subra Jyoti could not be brought back and the family will be in distress and the offers made by the parties will in our view mitigate the hardship and distress condition due to the death of Subra Jyoti Sengupta. It would be a case of rehabilitory Justice. 11. Accordingly considering the social, economic and other aspect of the matter and to overcome the hardship with the help and assistance given by the parties and for the ends of Justice we accept such offer and we direct that any prosecution should not be proceeded any longer in respect of the persons concerned who have voluntarily offered their help to the satisfaction of the Court. The learned Magistrate of the concerned prosecution case is to act in terms of this order. Bengal Rowing Club shall hand over the cheques by next Monday (20.7.98) and the Army Authority will accept the widow when she will intimate to them about her joining. 12. We place it on Record that this order is passed with the help and co-operation of the parties and this will set an example and will inspire the other cases to follow. 13. The Report filed by the Calcutta Improvement Trust be kept with the Record. 14. Since the payment is being made it should be banded over in the hands of the widow and the mother of the deceased who are getting this amount. 15. 13. The Report filed by the Calcutta Improvement Trust be kept with the Record. 14. Since the payment is being made it should be banded over in the hands of the widow and the mother of the deceased who are getting this amount. 15. The sum of Rs.12.50 lakhs 80 received by the family of Late Subra Jyoti Sengupta shall not be treated as income and no tax including income-tax shall be levied thereon. Let plain xerox copies of this order be given to the parties and all parties shall act on a plain xerox copy of this order.