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2018 DIGILAW 1992 (JHR)

Budhani Devi v. State of Jharkhand

2018-08-31

PRAMATH PATNAIK

body2018
JUDGMENT : 1. Heard Mr. Sunil Kumar, learned counsel for the petitioner, Mrs. Chandra Prabha, learned S.C. IV appearing for the Respondent-State. 2. In the accompanied writ application, the petitioner has sought for direction upon the respondents for payment of compensation as per the Government Circular vide Annexure-3 since her deceased-husband was killed by the unknown miscreants/extremists as per the FIR lodged by the brother of the deceased/Devar of the petitioner. 3. Bereft of unnecessary details, the facts, as has been delineated in the writ application are that in pursuance to the death of the husband of the petitioner by the unknown miscreants on 13.04.2009, FIR was lodged being Sesai P.S. Case No. 43 of 2009 by the Devar of the petitioner against unknown miscreants. The husband of the petitioner died leaving behind the petitioner and two minor children. Since the petitioner does not have any source of income and her husband was the sole bread earner of the family, after the gruesome murder, the petitioner has been facing untold financial stringency and as per the Circular of the Government, the petitioner is entitled to compensation. The petitioner submitted representation basing on the Government Circulars. It has been averred in the writ application that in similar circumstances, this Court in the decision reported in 2003 (2) JCR 192 (Jhr) has been pleased to award compensation of Rs.1,00,000/- and the case of the petitioner stands on same footing to that of the petitioner in 2003 (2) JCR 192 (JHR): W.P. (C) No. 3233 of 2002 (Sametri Devi and another-vs.-State of Jharkhand and another) vide Annexure-5 to the writ application. Being aggrieved by the sphinx like silence, the petitioner left with no alternative and efficacious remedy, has been constrained to approach this Court under Article 226 of the Constitution of India for redressal of her grievances. 4. Learned counsel for the petitioner during course of hearing, has strenuously urged that the Hon’ble Division Bench in W.P. (PIL) No.2584 of 2011, Gopi Nath Ghosh -vs.-The State of Jharkhand & Another by referring to various Schemes for civilian death directed the respondents to settle all claims of compensation occurred to a family member of the victim in terrorism/naxal violence. Learned counsel for the petitioner during course of hearing, has strenuously urged that the Hon’ble Division Bench in W.P. (PIL) No.2584 of 2011, Gopi Nath Ghosh -vs.-The State of Jharkhand & Another by referring to various Schemes for civilian death directed the respondents to settle all claims of compensation occurred to a family member of the victim in terrorism/naxal violence. Learned counsel further referred to the decision rendered in W.P. (S) No. 2983 of 2011, Raj Kumar Dangi -vs- State of Jharkhand and others, wherein, the coordinate Bench of this Court has been pleased to award compensation in accordance with law as per the Notification dated 03rd of August, 2012, issued by the Home Department, pertaining to compensation. 5. Controverting the averments made in the writ application, a counter affidavit has been filed on behalf of the respondent no. 2, wherein, it has been, inter alia, submitted that after formation of State of Jharkhand on 15.11.2000, Resolution dated 7.5.2003 and Resolution dated 16.02.2006 of Jharkhand Government have been effective. Accordingly, the case of the petitioner, an enquiry report, which was mandatory was called from Superintendent of Police, Gumla as to whether the husband of the petitioner Late Sukra Oraon was killed by Extremists/unknown miscreants and whether he was an extremist/terrorist or listed criminal or had been killed in an authentic Police encounter/firing vide letter dated 08.07.2009 and reminder also sent vide letter dated 08.04.2010 as per Annexure-A and B to the counter affidavit. It has further been stated that as per report received from Superintendent of Police, Gumla, vide letter dated 17.05.2010 though no criminal record was found of the deceased Sukra Oraon, but he was reported not to have been killed by the Extremists, rather he was killed by unknown miscreants. The Circular No.2279, dated 07.05.2003 of Jharkhand Government clearly says that in the aforesaid situation, no compensation or Government employment can be provided and hence, the plea of the petitioner is not maintainable in the eyes of law as evident from Annexure-C, D and E to the counter affidavit. 6. Another counter affidavit, dated 16.05.2018 has been filed on behalf of the respondents, wherein, it has been submitted that the petitioner’s husband has been brutally murdered by the extremist. 6. Another counter affidavit, dated 16.05.2018 has been filed on behalf of the respondents, wherein, it has been submitted that the petitioner’s husband has been brutally murdered by the extremist. But, in this case Investigation Officer has submitted charge sheet under Sections 307/326/302/34 of the Indian Penal Code and 27 of the Arms Act against unknown and the case is still pending. 7. Learned counsel for the Respondents-State vehemently argues and submits that the petitioner is not entitled for compensation in view of the fact that the deceased-husband was killed by the unknown miscreants, therefore, since the petitioner’s husband does not come within the purview of the Circular, so the petitioner is not entitled for any compensation. 8. After hearing the learned counsel for the petitioner and the learned counsel for the Respondent-State and on perusal of the decision rendered in W.P. (PIL) No. 2584 of 2011, it is quite evident that after creation of the State of Jharkhand, the Government of Jharkhand has issued Circular No. 3002, dated 08.11.2001 by which provision has been made for payment of compensation of Rs.50,000/- in case of death, Rs.10,000/- in case of permanent disability and Rs.2,000/- in case of serious injury to the victims of Naxal violence or their dependents and the said circular was effective for Naxal incidents occurred between 08.11.2001 and 16.02.2006. The State of Jharkhand had issued another circular No. 423, dated 16.02.2006, wherein, provision had been made for payment of Rs.1,00,000/- in case of death, Rs.50,000/- in case of permanent disability and Rs.10,000/- in case of serious injury as compensation to the victims of Naxal violence or their dependents and the said circular was effective for Naxal incidents occurred between 16.02.2006 and to date. The Central Government vide letter dated 29.06.2012 issued guidelines with effect from 22.06.2009, wherein, provision has been made for payment of Rs.3,00,000/- in case of death/permanent incapacitation (50 % and above) as compensation to the affected family under the scheme and the said amount of compensation will be paid by the Central Government. The Central Government vide letter dated 29.06.2012 issued guidelines with effect from 22.06.2009, wherein, provision has been made for payment of Rs.3,00,000/- in case of death/permanent incapacitation (50 % and above) as compensation to the affected family under the scheme and the said amount of compensation will be paid by the Central Government. As per the said guidelines of the Central Government with effect from 22.06.2009, provision has been made to constitute a District level Committee under the chairmanship of District Magistrate/Collector/Deputy Commissioner/District Superintendent of Police/District Medical Officer/District Welfare Officer/District Child & Women Development Officer and the officer who may be nominated by the State Government as its member and the said Committee shall identify beneficiaries and verify eligibility of the beneficiaries for assistance under the scheme. As per the said Circular, guidelines have been provided with respect to the eligibility, assistance, procedure to be followed at the District level, procedure to be followed after issuance of cheque, procedure to be followed by Ministry of Home Affairs. It has further been directed that as per the said circular of the Central Government, the scheme of payment was made effective from 22.06.2009. 9. In view of the Circulars of the State as well as the Central Government, it would be apposite to dispose of the writ application with liberty to the petitioner to file a fresh representation along with the relevant documents within a period of four weeks from the date of receipt/communication of the order and on receipt of the said representation, the respondents shall do well to consider the application and dispose of the same as per the Circulars pertaining to compensation/benefits of the Scheme meant for victims within a period of two months from the date of receipt of the representations and the decision taken thereon be communicated to the petitioner. It is needless to mention that if the grievance of the petitioner appears to be admissible as per the existing Circulars of the State or the Central Government, then appropriate orders be passed for payment of compensation within a reasonable period. 10. With the aforesaid observation and direction, the writ petition stands disposed of. Petition disposed of.