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2004 DIGILAW 883 (JHR)

Md. Mulla Ansari @ Devruddin Ansari v. State Of Jharkhand

2004-08-26

SUDHANSU JYOTI MUKHOPADHAYA

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ORDER S.J. Mukhopadhaya, J. 1. This writ petition has been preferred by three petitioners, named above, for Issuance of an appropriate writ/order/direction to the respondents to pay them the entire compensation amount, due to them on account of loss suffered by them in respect of their family members, namely Manjar Alam. Mustafa Ansari and Sujia Khatoon, who became the victims of the rioting mob, which took place on 20t.h/21st March, 2000 in village Rajpura, and died. 2. From the facts, as pleaded by the petitioners and not disputed by the respondents, it appears that a riot took place on 20th/21st March, 2000 in Rajpura Village within Godda Police Station. Godda on the day of Holi festival. The mob, consisting of two to three thousand people of a particular community, entered into the minority (Muslim) locality, while dancing and enjoying on the street. Suddenly there was a confrontation between the two communities, which resulted into violence, riot and destructions, all around. The mob of two to three thousand people of a particular community, having armed, entered in the houses of minority community and started destruction, causing deaths of a number of persons of both the communities. On the written information of Shri Mahesh Kumar Santhalia. Circle Officer, Godda. who was on duty on the day and was the incharge of Law and Order of the area, an FIR being Godda (M) PS Case No. 95 of 2000 was registered. In the said riot. which took place on 20th/21st March. 2000, Mustafa Ansari son of petitioner No. 1, namely, Md. Mulla Ansari @ Devruddin Ansari and Manjar Alam son of petitioner No. 2, namely, Md. Salimuddin Ansari, were brutally murdered by the rioting mob, which was affirmed by the dead body challan of the police dated 20th March, 2000. The post mortem of Manjar Alam and Mustafa Ansari also suggest that they have been brutally murdered with the aid of deadly sharp cutting weapons. Ms Sujia- Khatoon, daughter of petitioner No. 3, Bara Kudus Ansari, aged about six years, was also brutally injured by the rioting mob, by use of sharp cutting weapons. The wife of petitioner No. 3, namely, Bibi Dhani, lodged an FIR on 24th March, 2000, while serving her daughter in the hospital, being Godda (M) PS Case No. 99 of 2000. Sujia Khatoon succumbed to her injuries in the hospital on 26th March, 2000. 3. The wife of petitioner No. 3, namely, Bibi Dhani, lodged an FIR on 24th March, 2000, while serving her daughter in the hospital, being Godda (M) PS Case No. 99 of 2000. Sujia Khatoon succumbed to her injuries in the hospital on 26th March, 2000. 3. According to the petitioners, the State Government promised that the family of each of the victims shall be paid a sum of Rs. L,00,000/- towards compensation amount on account of the loss of their family members. However, the State Government paid only a sum of Rs. 20.000/- to each of the members of the family of the deceased, with an assurance that the rest of the amount will be paid immediately. The grievance of the petitioners is that the respondent State has not paid any further amount thereafter. 4. The respondents initially took plea that the family members of the victims are entitled for a sum of Rs. 20,000/- towards compensation in terms of the Govt. Circular No. A/N-Pol. 1701 dated 21st September, 1987 and they have already been paid as per the aforesaid circular. This Court directed the Commissioner- cum-Home Secretary. Government of Jharkhand, to bring to the notice of the Court the recent circular, stated to have been issued by the Stale Government and to inform the Court the amount of compensation, as is being paid to the communal riot victims in other State. 5. It appears that the Deputy Commissioner vide letter No. 162, dated 12th March. 2001 requested the State to release a sum of Rs. 8,52,000/- under the following heads : 1. Compensation 5 x Rs. l,00,000/- Amount : = Rs. 5,00,000/- (@)Rs. 1,00,000/- per deceased. 2. Compensation 76 x Rs. 2,000/- toward the damages = Rs. 1,52,000/- caused to the House @ Rs. 2,000/- Hold Articles : each. 3. Expenses towards Rs. 1,00,000/- free aid to each family of the victims for one week and camp for two weeks : Emergency expenses Rs. 1,00,000/- and fuel : Total Rs. 8,52,000/- 6. This letter suggests that the Deputy Commissioner, Godda thought it proper to pay a sum of Rs. l00,000/- to the family members of each of the deceased, who died during the riot. which took place on 20th/ 21st March, 2000 at village Rajpura. 7. From Annexure G to counter affidavit. tiled on behalf of the Secretary. Home Department, Govt. of Jharkhand, Ranchi, dated 19th August. 2004. l00,000/- to the family members of each of the deceased, who died during the riot. which took place on 20th/ 21st March, 2000 at village Rajpura. 7. From Annexure G to counter affidavit. tiled on behalf of the Secretary. Home Department, Govt. of Jharkhand, Ranchi, dated 19th August. 2004. It appears that the Ministry of Home Affairs, Government of India, vide order dated 23rd April, 2003 ordered that in case of ex-gratia payment for the family of the deceased, the amount of expenditure of assistance from Calamity Relief Fund (CRF) and National Calamity Contingency Fund (NCCF) have been fixed at Rs. 50.000/- per deceased. The Government of Jharkhand vide its recent Circular dated 4th November. 2001 has decided to pay a sum of Rs. 50.000/- and a job in the Government in case of death during communal riot and in special circumstances, after the announcement of the Chief Minister, the dependent of the deceased can be paid a sum of Rs. L,00,000/-. The Government of Gujarat vide GR No. RHL/102002/536 (Part-1) S 4 dated 23rd April, 2002 has decided to pay death compensation to the tune of Rs. 1.50.000/-to the family members of the riot victims (deceased). Likewise the Government of Madhya Pradesh vide its, Circular No. F--44-23/2003/C-l, Bhopal dated 26th July, 2003 has decided to pay a sum of Rs. l.00.000/-to the family members of the riot victims (deceased). Similar is the decision taken by the Government of Karnataka, which decided to pay a sum of Rs. l.00.000/- to the earning or non-earning family members of the deceased. The aforesaid Circular have been annexed as Annexures D, E and F respectively to the counter affidavit filed on 19th August. 2004. The members of Sikh victims during the assassination of Smt. Indira Gandhi were ordered to be paid the compensation amount of Rs. 2,00,000/- with interest by the Supreme Court in the case of S.S. Ahluwalia v. Union of India and Ors., reported in 2001 (2) East Cr C 89 (SC) : (2001) 4 SCC 452 . 8. Here it is not in dispute that none of the members of the deceased has been offered any Government service by the respondent State of Jharkhand. 8. Here it is not in dispute that none of the members of the deceased has been offered any Government service by the respondent State of Jharkhand. It is also not in dispute that the petitioners are the family members of the riot victims, who died during the riot, which took place on 20th/21st March, 2000 and for this reason they have already been paid a sum of Rs. 20.000/- each. 9. In the facts and circumstances of the case, I direct the respondent State of Jharkhand and its authorities to pay further a sum of Rs. 80.000/- each to the family members of the deceased, namely. Manjar Alam, Mustafa Ansari and Sujia Khatoon. so that the total amount of compensation. payable to the family members of each deceased, may come to Rs. l.00.000/-. The Commissioner- cum-Home Secretary, Government of Jharkhand. Ranchi. is directed Lo ensure that the rest of the amount, as directed, be paid to the concerned family members of the deceased within a period of two months from the date of receipt/ production of a copy of this order. 10. This writ application is. accordingly, allowed with the aforesaid directions and observations.