Question

Which follow from the application of the undermentioned legal principle:

Legal Principle: Even if the sovereign functions of the State are discharged negligently the State is not vicariously liable in tort.

Factual Situation:
A’ was a trader in gold. There he was arrested by Police and was detained in the police lock-up after search. The gold with him along with sundry other things was seized. Later he was discharged. His possessions seized by the police were returned, except the gold. HE moved against the State in tort. In the words of the Supreme Court, “There can be no escape from the conclusion that the Police Officers were negligent in dealing with the property after it was seized.” One of the Constables was a Muslim. He fled with gold to Pakistan.

Options

• ‘A’ succeeded because the servants of the State were negligent and thus caused injury

• ‘A’ succeeded because the servants of the State were negligent and thus caused injury

• ‘A’ failed because the acts of search and seizure by the Police Office were part of the sovereign function of the State.

• There was some other relief given to ‘A’

Answer 1

‘A’ failed because the acts of search and seizure by the Police Office were part of the sovereign function of the State.

Explanation:

The principle obliged all the liability of the State even if the act was done in a negligent manner. Therefore "‘A’ failed because the acts of search and seizure by the Police Office were part of the sovereign function of the State" is correct considering the Supreme Court's remark.