Supreme Court: In a public interest litigation petition regarding the payment of compensation to legal heirs of victims of 1992 and 1993 riots in Mumbai triggered by the demolition of Babri Masjid, the Division Bench of Abhay S. Oka and Augustine George Masih, JJ. grant three months for submitting a report outlining the steps taken for implementation of the orders of the Court and decision dated 04-11-2022 passed in Shakeel Ahmed v. Union of India, 2022 SCC OnLine SC 1519.
The Bench remarked that there has been a substantial delay in making compensation to the victims.
The matter has been listed for hearing in January.
Vide Government Resolution dated 8-07-1993 (the first Government Resolution), a decision was taken to give financial assistance to the persons affected due to riots in December 1992 and January 1993 as well as due to the serial bomb blasts in the city of Mumbai. Nearly five and a half years after the incidents of riots, the Government Resolution dated 22-07-1998 (the second Government Resolution) was issued, providing for giving compensation of Rs.2 Lakhs to the legal heirs of the missing persons.
On 04-11-2022, the Court issued a slew of directions to the State Government. The Court issued the following directions while disposing of the petition:
-
There shall be a Committee headed by the Member Secretary of MSLSA to monitor the implementation of the directions issued by the Court. The State Government shall appoint a Revenue Officer, not below the rank of Deputy Collector, and a Police Officer, not below the rank of Assistant Commissioner of Police, who shall be the other two members of the Committee.
-
The State Government shall submit to the Committee a report containing details of 168 missing persons including their names and addresses. The State government will also place material regarding efforts made to trace family members of 108 missing persons who have been deprived of compensation in terms of the second Government Resolution. The State Government shall make all possible efforts to trace the legal heirs/family members of the missing persons. The Committee shall monitor this exercise. The Committee shall assist the legal representatives of the missing persons to complete the procedural formalities.
-
The State Government shall also submit to the Committee the record relating to compensation paid in terms of the Annexure to the First Government Resolution as well as in terms of the Second Government Resolution by incorporating the specific dates on which the compensation was actually paid to the persons entitled to it.
-
The State Government shall pay compensation of Rs.2 lakhs to the legal heirs of the missing persons traced out hereafter, with interest at the rate of 9% per annum from 22-01-1999 i.e. from the expiry of the period of six months from the date of the second Government Resolution, till actual payment.
-
To those who were paid compensation after the expiry of the period of six months from the date of the applicable Government Resolution, the State Government shall pay interest at the rate of 9% per annum on the amount of the compensation payable from the expiry of the period of six months from the date of the applicable Government Resolution till the date of payment.
-
The State Government shall comply with the requirement of submitting necessary details as aforesaid to the Committee within a period of two months from today.
-
The entire exercise of payment of compensation and/or interest shall be completed by the State Government within a period of nine months from the date of decision. The State Government shall report compliance made from time to time to the Committee.
Source: PRESS
