Allahabad High Court
Adarsh Mehrotra ( News Item) ( P I L ... vs State Of U.P. on 22 November, 2019
Bench: Pankaj Kumar Jaiswal, Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH Court No. - 1 Case :- MISC. BENCH No. - 7620 of 2006 Petitioner :- Adarsh Mehrotra ( News Item) ( P I L Criminal) Respondent :- State of U.P. Counsel for Petitioner :- In Person (Paper Cutting) Counsel for Respondent :- G.A.,Nishant Shukla Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Alok Mathur,J.
(1) Affidavit duly sworn by the District Magistrate, Lucknow filed today is taken on record.
(2) Heard Sri Adarsh Mehrotra, learned Counsel, who is assisting the Court, Sri Raj Krishna, brief holder, appearing on behalf of the State and Sri Nishant Shukla, learned counsel for the U.P. State Commission for Women.
(3) The instant Public Interest Litigation arises out of the suo moto cognizance taken by a Co-ordinate Bench of this Court on 30.11.2006 on the news item published in 'Times of India' dated 26.11.2016 under the heading "An incarcerated rape victim, hapless parents". It relates to the Aashiyana rape victim, namely, Km. Saiman.
(4) Sri Adarsh Mehrotra, learned counsel assisted to the Court has submitted that the trial, which arisen with respect to commission of rape on prosecutrix Siman, has also resulted in conviction and now, the only question is to be determined whether the prosecutrix is entitled for the award of compensation for her being kept in the Women Protective Home illegally w.e.f. 9.5.2005 to 11.12.2006 in pursuance of the order of Chairman Mahila Ayog.
(5) Sri Mehrotra, on placing reliance upon Vibin P.V. Vs. State of Kerala & others : AIR 2013 Kerala 67, Chairman, Railway Board and others Vs. Mrs. Chandrima and others : AIR 2000 SC 988, and Bhim Singh, MLA vs. State of J & K and others : AIR 1986 SC 494, has submitted that an adequate compensation be awarded to the prosecutrix for illegal detention of her in the Women Protective Home w.e.f. 9.5.2005 to 11.12.2006. He has further submitted that compensation awarded is inadequate and, therefore, appropriate direction be issued to the State Government for awarding compensation at least Rs.5,00,000/- (Rupees Five Lakhs).
(6) Per contra, learned counsel appearing on behalf of the State has submitted that in respect of the incident, FIR relating to case crime No. 80 of 2005 under Sections 365, 376 I.P.C. at Police Station Ashiyana, District Lucknow, was registered against accused Gaurav Shukla alias Baba. The Additional Sessions Judge/Fast Track Court, Lucknow, vide judgment and order dated 18.4.2016, convicted the accused for offences under Sections 365, 376 (2) (chh) I.P.C. and sentenced him for an imprisonment of ten years coupled with a fine of Rs.10,000/-. Furthermore, in view of the statutory provisions enshrined under Section 357 Cr.P.C., the Trial Court directed the State Legal Services Authority to award monitory compensation of Rs.2,00,000/- (Rupees Two Lakh) to the victim.
(7) As per counter affidavit filed today on behalf of the District Magistrate, Lucknow, no application, seeking compliance of the judgment and order dated 18.04.2016 with regard to the award of compensation to the victim had been preferred before the District Legal Service Authority, Lucknow, therefore, the District Magistrate, vide letter dated 16.11.2019, has requested the Principal Secretary, Department of Home, Lucknow, for payment of compensation to the victim through the District Legal Services Authority, Lucknow. In furtherance of the letter dated 16.11.2019, the State Government sent a massage dated 17.11.2019 to the District Magistrate, Lucknow that appropriate measures for payment of compensation to the victim may be undertaken under the U.P. Victim Compensation Scheme, 2014, which has been formulated by the State Government in exercise of powers stipulated under Section 357A Cr.P.C. Thereafter, on 20.11.2019, the relevant documents essential for award of compensation to the victim have been transmitted to the District Legal Services Authority, Lucknow and payment of compensation to the victim shall be made within a short period of time.
(8) In State of Nipun Saxena Vs. Union of India : 2018 SCC OnLine SC 2772, decided on 11-12-2018 (W.P. (C) No. 565 of 2012) opined that it would be appropriate if NALSA sets up a Committee of about 4 or 5 persons who can prepare Model Rules for Victim Compensation for sexual offences and acid attacks taking into account the submissions made by the learned Amicus. The learned Amicus as well as the learned Solicitor General have offered to assist the Committee as and when required. The Chairperson or the nominee of the Chairperson of the National Commission for Women should be associated with the Committee." Thereafter, compensation scheme, namely, the Compensation Scheme for women Victims/Survivors of Sexual Assault/Other Crimes, 2018 came into force. Clause-9 of the aforesaid Scheme, 2018 deals with the procedure for grant of compensation.
(9) As per Clause 9 of the aforesaid Scheme, 2018, wherever, a recommendation is made by the court for compensation under sub-sections (2) and/or (3) of Section 357A Cr.P.C., or an application is made by any victim or her dependent(s), under sub-section (4) of Section 357A of the Code, to the State Legal Services Authority or District Legal Services Authority, the appropriate authority, after following the procedure, award compensation accordingly.
(10) In the present case, compensation has been awarded by the Trial Court under Section 357 A Cr.P.C. and as per counter affidavit filed by the District Magistrate, Lucknow, the amount has not been disbursed to the victim till today and it shall be disbursed to the victim within a short period. It appears that necessary formalities for disbursement of compensation as awarded by the Trial Court have been completed.
(11) Considering the aforesaid, we direct the respondents to disburse the amount of compensation as awarded by the Trial Court vide judgment and order dated 18.4.2016 in exercise of statutory provisions enshrined under Section 357 Cr.P.C. in the single name of the victim in a Nationalized Bank. In case the victim does not have any bank account in a Nationalized Bank, the District Legal Services Authority shall help the victim in opening a saving bank account in a Nationalized Bank and, thereafter, the amount, as directed hereinbelow, shall be deposited in the name of the victim.
(12) We also provide that out of total final compensation i.e. Rs.2,00,000/- (Rupees Two Lacs) as awarded by the trial Court vide judgment and order dated 18.4.2016, 75% (Seventy-Five Per cent) of the amount of compensation shall be deposited in the single name of the victim in a Fixed Deposit Account of the Nationalized Bank for a minimum period of three years and remaining 25% (Twenty-Five Per cent) amount of compensation shall be paid to the saving bank account of the victim for utilization of the victim. The interest accrue from the aforesaid accounts i.e. Saving Bank Account as well as Fixed Deposit Account, shall be credited directly by the Nationalized Bank in the saving bank account on monthly basis which can be withdrawn by the Victim.
(13) The aforesaid exercise for depositing the amount of compensation in her saving bank account as well as Fixed Deposit Account in a Nationalized Bank, as directed hereinabove, shall be completed by the respondents within a period of four weeks from today.
(14) The compliance report be submitted by the District Magistrate, Lucknow by filing an affidavit before the Senior Registrar of this Court within the stipulated period, failing which, the Senior Registrar shall place the matter before the Court concerned for taking further action in the matter.
(15) With the aforesaid observations and directions, the writ petition stands disposed of.
Order Date :- 22.11.2019 Ajit/-