Nitiriti Bureau
New Delhi, Nov 7.
The Supreme Court has asked the Maharashtra government to begin paying compensation or Rs 2 lakh to the next of kin of persons who went missing during the riots in Mumbai in 1992 and 1993.
The state government shall pay compensation of Rs 2 lakhs to legal heirs of the missing persons traced out hereafter, with interest at the rate of 9% per annum from Jan 22, 1999, from the expiry of six months from the date of a second government resolution allowing this till actual payment.
Payments to next of kin of missing in 9 months
These payments will have to be made in the next nine months and a compliance report submitted to a three-member committee headed by the secretary of the Maharashtra State Legal Services Authority (MSLSA).
The MSLSA secretary will report back with this to the court within ten months from today, the court said, in a ruling delivered by a bench comprising Justices Sanjay Kishan Kaul, Abhay S. Oka and Vikram Nath on Friday.
State government to trace missing, absconding accused in riot cases, ensure trial
The state government was also asked to provide details of pending riot related criminal cases before the sessions court at Mumbai to the Bombay High Court so that they could be disposed of soon.
It will also provide details of 97 cases on dormant files within one month so that steps can be taken by the concerned courts in which these are pending to trace out the accused or absconding.
The state government shall immediately constitute a Special Cell to trace the absconding/missing accused in these cases and to assist the concerned courts so that trial can proceed against them.
Some 900 people lost their lives and another 2036 were injured in Dec 1992 and Jan 1993 due to violence and police firing in the aftermath of the Babri Masjid demolition.
“Article 21 of the Constitution confers a right on every citizen to live with human dignity. Article 21 encompasses into itself the right to live a meaningful and dignified life. All the aspects of life which make a person live with human dignity, are covered by the word life in Article 21.
Living in atmosphere of communal tension affects right to life of citizens; entitled to compensation
“If citizens are forced to live in an atmosphere of communal tension, it affects their right to life guaranteed by Article 21. The violence witnessed by Mumbai in December 1992 and January 1993 adversely affected the right of the residents of the affected areas to lead a dignified and meaningful life.”
“It cannot be disputed that certain groups were responsible for the large-scale violence in Dec 1992 and January 1993. There was a failure on the part of the state government to maintain law and order and to protect the rights of the people guaranteed under Article 21.”
“So many died and thousands were injured. Their houses, places and business and properties were destroyed. These are all violations of their rights guaranteed under Article 21.
“One of the root causes of their suffering was the failure of the state government to maintain law and order. Therefore, the affected persons had a right to seek compensation from the state government.”
The bench asked the Maharashtra government to trace out the next of kin of the missing, based on the presumption in law that if they went missing for 7 years they ought to be treated as dead, and pay them compensation.
State cannot refuse to act on recommendations of commission report it has accepted
The bench said that a state cannot refuse to act on a commission report after accepting it. The state had refused to accept the Srikrishna Commission recommendations on the ground that it came after years of delay.
“The recommendations of a Commission… cannot bind the government. Courts cannot compel the government to act upon the report. But, once the government accepts the recommendations, a writ court can issue a mandamus for its implementation as it becomes an obligation of the government to implement it….”
Maharashtra State Legal Services Authority secretary to monitor payment of compensation
Accordingly, the court directed that there shall be a Committee headed by the Member Secretary of MSLSA (Maharashtra State Legal Services Authority) to monitor the implementation of the directions issued by this judgment.
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.
State to submit missing persons details to 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 the family members of 108 missing persons who have been deprived of compensation.
The 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 government shall also submit to the committee the record relating to compensation paid in terms of two government resolutions passed so far.
The state shall also provide a list of victims who have not been paid compensation so far.
The Committee consisting of the MSLSA secretary and the other two officers appointed under this order, shall monitor the efforts of the state government to trace the victims who were entitled to compensation but were not paid.
Interest to be paid at 9 per cent on delayed payments of compensation
The victims identified hereafter shall also be paid the compensation with interest at the rate of 9% per annum from 8th January 1994 i.e., from the expiry of six months from the date of the first government resolution, till actual payment.
To those paid compensation after the expiry of six months from the date of the applicable government resolution, the state government shall pay interest at the rate of 9 per cent per annum on the amount of the compensation payable from the expiry of 6 months from the applicable government resolution till the date of payment.
This direction will apply to those who have received compensation before this judgement. The committee, after examining the record, shall furnish to the state the details of the victims who are entitled to receive interest.
The state government shall submit necessary details to the committee within two months from today. Appointment of the two officers shall be made within one month. The officers shall coordinate with concerned Departments and ensure that details are furnished to the committee within two months.
