Chahed Ali and 2 Ors v. The State of Assam and 4 Ors

ORDER Date : 04.08.2023

¶1The instant writ petition has been filed challenging the inaction on the part of the Respondent Authorities in making payment of the compensation to the Page No.# 3/4 Petitioners in terms with the Assam Victim Compensation Scheme, 2012 (hereinafter referred to as "the Scheme of 2012") as well as the notifications issued in respect thereto.

¶2The Petitioner No.1 claims to be the elder brother of the Petitioner Nos. 2 and 3 who admittedly are minors. From a perusal of the writ petition, it shows that the Petitioner No.1 is the son of one Late Islam Ali whereas Petitioner Nos. 2 and 3 are the children of Md. Asad Ali and Late Afia Begum. In paragraph No.7 of the writ petition, it has been mentioned that the Petitioner No.1 is the elder brother of Late Afia Begum as well as the maternal uncle of the Petitioner Nos. 2 and 3. There is nothing on record to show the link between the Petitioner No.1 with the Petitioner Nos. 2 and 3 except the statements made in the writ petition.

¶3Be that as it may, an application was filed by the Petitioner No.1 to the Member/Secretary, State Legal Services Authority, Assam seeking compensation in terms with Section 357(A) of the Code of Criminal Procedure, 1973. It has been alleged that the Member/Secretary of the State Legal Services Authority, Assam have not taken any action for which the instant writ petition has been filed.

¶4Taking into account the limited grievance so raised in the instant writ petition, this Court directs the Respondent Nos. 3 and 4 to consider the application of the Petitioner No.1 dated 31.10.2019 and also duly take note of the interest of the Petitioner Nos. 2 and 3 who are actually the victims under the Scheme of 2012 as they have lost their mother on account of their father who allegedly killed her on 07.07.2016.

¶5The said exercise of consideration be carried out by the Respondent Nos. 3 Page No.# 4/4 and 4 upon receipt of a certified copy of the instant order which is required to be served upon the Respondent No.4. It is further directed that upon enquiry, if the Respondent Nos. 3 and 4 are of the opinion that the Petitioner Nos. 2 and 3 are entitled, the said award be passed within 2 (two) months from the date of receipt of the certified copy of this order. This Court further directs the Respondent No.4 to forward the award to the Respondent No.1. The Respondent No.1 shall on the basis of the said award, sanction the said amount in favour of the Petitioner Nos. 2 and 3 and disburse the amount to the Respondent No.4 for onward disbursal to the Petitioner Nos. 2 and 3. The Respondent No.1 shall do the needful within 2 (two) months from the date of receipt of the award from the Respondent No.4. The Petitioners shall also serve a certified copy of this order to the Respondent No.1.

¶6With above observations and directions, the instant writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010071722021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooWP(C)/2629/2022 CHAHEDoALIoANDo2oORS S/OoLATEoISLAMoALIo VILLoANDoP.O-oBORNIo P.S-oHAJOo DIST-oKAMRUPo(R)o ASSAM oPIN-781102 2:oAMINAoBEGUM D/O-oMD.oASADoALIo(FATHER)oANDoAFIAoBEGUMo(MOTHER)o VILLoANDoP.O-oBORNIo P.S-oHAJOo DIST-oKAMRUPo(R)o ASSAM oPIN-781102 o3:oIFTAKURoAHMED S/O-oMD.oASADoALIo(FATHER)oANDoAFIAoBEGUMo(MOTHER)o VILLoANDoP.O-oBORNIo P.S-oHAJOo DIST-oKAMRUPo(R)o ASSAM oPIN-781102 oVERSUS THEoSTATEoOFoASSAMoANDo4oORS REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoANDoPOLITICALoDEPARTMENTo oDISPUR oGUWAHATI-06 2:THEoASSAMoSTATEoLEGALoSERVICESoAUTHORITY REPRESENTEDoBYoTHEoMEMBERoSECRETARY oBEHINDoGAUHATIoHIGHoCOURTo(NEWoBUILDING) Page No.# 2/4 LATASHIL GUWAHATI DIST- KAMRUP (M) ASSAM PIN- 781001 3:THE CHAIRMAN DISTRICT LEGAL SERVICES AUTHORITY KAMRUP (R) P.O AND P.S- AMINGAON DIST-KAMRUP (R) ASSAM PIN-781031 4:THE DISTRICT LEGAL SERVICES AUTHORITY KAMRUP (R) AT AMINGAON REP. BY ITS MEMBER / SECRETARY P.O - AMINGAON P.S- NORTH GUWAHATI DIST-KAMRUP (R) ASSAM PIN-781031 5:THE OFFICER IN CHARGE HAJO POLICE STATION P.O- HAJO DIST- KAMRUP (R) ASSAM PIN-781102 ------------ For the Petitioner(s) : Mr. M. Hussain, Advocate : Mr. A. K. Mollah, Advocate : Mr. S. I. Akand, Advocate For the Respondent(s) : Mr. N. Goswami, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH