New DelhiIn view of the state government’s failure to protect the rights of people guaranteed under Article 21 of the Constitution and to maintain law and order, the Supreme Court on Friday issued several directions to the Maharashtra government for compensation. families of victims 1992-93 Bombay Riots and the revival of dormant criminal cases.
A three-judge bench headed by Justice Sanjay Kishan Kaul sought implementation of the recommendations of the Justice Srikrishna Committee on a 21-year-old petition filed by petitioner Shakeel Ahmed, which was formed after the riots. The state government will investigate the violence.
In doing so, the court also said that it cannot allow the victims to suffer merely because “there was delay in disposal of the writ petition”.
“Article 21 of the Constitution of India confers on every citizen the right to live with human dignity. Article 21 covers oneself to lead a meaningful and dignified life. If citizens are forced to live in an atmosphere of communal tension, it affects their right to life guaranteed by Article 21.
It further observed that the constant atmosphere of communal tension is violative of the constitutional right to life guaranteed to the citizens of the country. The bench pulled up the state government for failing to stop the riots in which, as per the court order, 900 people were killed and over 2,000 were injured.
Since “one of the root causes of their suffering was the state’s failure to maintain law and order,” the court ruled the affected families and individuals entitled to compensation from the state.
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guidelines for the state
In one of its directions, the court asked the state government to “make all efforts to trace the legal heirs of 108 missing persons, who could not be compensated as they were missing”.
According to the state’s pleas, the then government had decided to pay a compensation of Rs 2 lakh to the victims and the same was paid to the legal heirs of 900 dead persons and 60 missing persons. Although 168 missing were reported after the riots, the state could trace the families of only 60 missing persons and paid compensation to them. The state government said that the families of the remaining 108 families either failed to trace or failed to complete the formalities.
However, the top court in its judgment on Friday asked the state to make all efforts to “trace the legal heirs” of the missing people and compensate them with the amount to be paid to the victims and their families at the time of the riots. ,
With a view to trace such families and ensure compensation, the court constituted a three-member monitoring committee. The Supreme Court order said that this committee, headed by the member secretary (who is a judicial officer) of the Maharashtra State Legal Services Authority, has to submit a compliance report to the apex court after ten months. The other two members shall be a Revenue Officer, not below the rank of Deputy Collector, and a Police Officer, not below the rank of Assistant Commissioner of Police.
As regards the criminal cases which remained dormant due to the disappearance of the accused, the apex court directed the state to immediately constitute a special cell to trace the missing accused so that they could face trial. to be prepared for.
In its presentation to the court, the state had stated that out of 253 criminal cases, 97 were inoperative for the above reasons.
According to state figures, even in the cases that were tried, 114 were acquitted while only six were convicted, one case was quashed and 34 were found unrelated to the riots.
The SC judgment directed the HC to issue appropriate orders on the administrative side to the courts where 97 dormant cases are pending. It said the HC should ensure that the courts concerned take appropriate steps to trace the accused.
As he asked the state government to implement Suggestions of Justice Srikrishna Commission On reform and modernization of the police force, the court said: “We hope and believe that after 75 years of independence, a riot-like situation will never arise.”
(Edited by Polomi Banerjee)