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2012 DIGILAW 4085 (MAD)

S. Sathia Chandran v. State of Tamil Nadu, Rep. by the Secretary to Government, Home Department

2012-10-03

M.Y.EQBAL, T.S.SIVAGNANAM

body2012
Judgment 1. This writ petition as Public Interest Litigation has been filed seeking a direction upon the respondents to take steps and prepare a Victim Compensation Scheme as mandated by Section 357-A of the Code of Criminal Procedure. 2. Notices were issued to the respondents and in compliance therewith, a counter affidavit has been filed by the first respondent-State of Tamil Nadu, wherein it is stated that the Government of India, Ministry of Home Affairs, in their letter dated 7.9.2010, has requested the Government of Tamil Nadu to prepare a scheme providing funds for the purpose of compensation to the victims or their dependents, who have suffered loss or injury as a result of crimes and who require rehabilitation, in co-ordination with the Central Government. The new Section 357-A of the Code of Criminal Procedure has been inserted after Section 357 in the 1973 Code vide the Code of Criminal Procedure (Amendment) Act, 2008 (No.5 of 2009) and it has come into force with effect from 31.12.2009. It is further stated that the State Government have already created a Victim Assistance Fund to provide financial assistance to the victims of crimes vide G.O.(Ms.) No.1258, Home Department dated 21.8.1995 and the levels of financial assistance have since been enhanced. Presently, there are two Committees for deciding the quantum and sanction of financial assistance to victims of crimes, viz., the District Victims Assistance Committee with the District Collector as its Chairman along with the District Superintendent of Police and the Assistant Public Prosecutor (Administration) as Members; and the City Victims Assistance Committee with the Commissioner of Police as its Chairman along with the Deputy Commissioner of Police (Headquarters) (for Chennai City), Deputy Commissioner of Police (L&O) for other cities and the City Public Prosecutor as Members. It is also stated that the Government of Tamil Nadu has enhanced the overall allocation of Victim Assistance Fund per year was also enhanced from rupees one crore to rupees two crores by a Government Order. It is further submitted that in conformity with the aforesaid amendment and the insertion of Section 357-A in the Code, a draft scheme for notifying the New Victim Compensation Scheme with higher levels of compensation has been proposed and it is in the final stage of processing by the Government, which is expected to be completed in two months’ time. It is further submitted that in conformity with the aforesaid amendment and the insertion of Section 357-A in the Code, a draft scheme for notifying the New Victim Compensation Scheme with higher levels of compensation has been proposed and it is in the final stage of processing by the Government, which is expected to be completed in two months’ time. Thus, it is submitted, the State is making all earnest attempts and process in complying with the order of the Supreme Court dated 11.2.2011 in W.P.(Crl.)No.129 of 2006. 3. Learned Government Pleader, appearing for the State assures this Court that within two months’ time, the draft scheme shall be notified. 4. The matter is, therefore, adjourned by two months.