Gujarat High Court
Devji @ Babu Ramji Mayatra vs State Of Gujarat on 12 January, 2018
Author: Anant S. Dave
Bench: Anant S. Dave, A.G.Uraizee
R/CR.MA/28038/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF
SENTENCE) NO. 28038 of 2017
In CRIMINAL APPEAL NO. 1532 of 2017
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DEVJI @ BABU RAMJI MAYATRA....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR NIKHIL S KARIEL, ADVOCATE for the Applicant(s) No. 1
HCLS COMMITTEE, ADVOCATE for the Respondent(s) No. 1
MR PV PATADIYA, ADVOCATE for the Respondent(s) No. 1
MS SHRUTI S PATHAK ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE
and
HONOURABLE MR.JUSTICE A.G.URAIZEE
Date : 12/01/2018
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE ANANT S. DAVE)
1. Heard Mr. Nikhil Kariel, learned advocate for the applicant, Mr.P.V.Patadiya, learned advocate for the victim and Ms. Shruti S.Pathak, learned APP for the respondent- State of Gujarat.
2. Mr.P.V.Patadiya, learned advocate for the victim- respondent NO.1 has placed on record notification dated 2.1.2016, issued by Home Department, Sachivalaya, Gandhinagar in exercise of powers conferred under Section 357A of the Code of Criminal Procedure, 1973 and Page 1 of 4 HC-NIC Page 1 of 4 Created On Fri Jan 12 22:59:33 IST 2018 R/CR.MA/28038/2017 ORDER in suppression of the Government Notification, Home Department No.GG/42/SB.2/COM/132011/GAD/165605, dated the 19th April, 2014, the Government of Gujarat hereby makes the following scheme for providing funds for compensation to the victims or their dependents, who have suffered loss or injury on account of offence against body and who require rehabilitation namely, Clause 2 (e) "Victim" means a person who has suffered loss or injury as a result of crime and requires rehabilitation and the expression victim includes his/her dependents. Clause 3 empowers and also cast a duty upon the Government to constitute a fund to be known as Victim Compensation Fund' from which amount of compensation under this scheme shall be paid to the victim or his/her dependents and that State Government shall have to allot the separate budget for this scheme every year and the fund is placed at the disposal of the Secretary to the Government of Gujarat, Legal Department, Block No.4, Sardar Bhavan, Sachivalaya, Gandhinagar. Clause 4 however prescribes eligibility for receiving compensation by a victim or his dependents and Clause 5 is about procedure for grant of compensation to a victim other than that of acid attack and Clause 6 is procedure for grant of compensation to a victim in case of acid attack.
3. Schedule prepared under Rule 5 (8) of the Rules provide for particulars of loss or injury and maximum limit of compensation. Surprisingly maximum limit of compensation of loss of life is fixed to Rs.1,50,000/-, for a victim of a rape Rs.1,00,000/- and in case of acid victim the upper limit is Rs.3,00,000/-.
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R/CR.MA/28038/2017 ORDER
3.1.The above notification is amended qua notification dated 7.7.2016 No.GG/79/2016/SB.2/COM/132011/GAD/165605-Part-III and the maximum amount of compensation of loss of life is Rs.2,00,000/-, for a victim of a rape Rs.3,00,000/- and for acid attack Rs.3,00,000/-.
4. We have gone through the above notification and fine that procedure prescribed for receiving compensation by a victim and details to be submitted towards the claim of compensation and the amount to be recovered or to be refunded subject to the final order that may be passed by the competent Court prima faice do not appear to be in consonance with the spirit of the scheme namely to alleviate the suffering of the victim but to undergo further pain and agony by submitting the documents about medical expenses incurred for the treatment etc. The maximum limit of compensation to be granted to the victim appears to insufficient in present day scenario.
5. However, at this stage we are inclined to seek reply from the Secretary to the Government of Gujarat, Legal Department, Gandhinagar about separate budgetary provision made by the State of Gujarat for the scheme in question every year and fund if any made available for grant of compensation to the victim and the Member Secretary, Gujarat High Court Legal Services Authority shall also seek details or particulars of compensation if any granted or disbursed to the victim by various Districts or State Legal Services Authority so far within a week from Page 3 of 4 HC-NIC Page 3 of 4 Created On Fri Jan 12 22:59:33 IST 2018 R/CR.MA/28038/2017 ORDER receipt of writ/order of this Court.
6. Stand over to 23.1.2018.
7. Copy of this order to be furnished to learned advocates appearing for the parties and Member Secretary, Gujarat Legal Services Authority so as to take necessary action in this regard.
(ANANT S.DAVE, J.) (A.G.URAIZEE,J) SMITA Page 4 of 4 HC-NIC Page 4 of 4 Created On Fri Jan 12 22:59:33 IST 2018