Jharkhand High Court
Satnam Singh Gambhir & Anr vs The State Of Jharkhand & Ors on 26 June, 2024
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay, Deepak Roshan
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(PIL) No. 5251 of 2013
Satnam Singh Gambhir & Anr. ..... Petitioners
Versus
The State of Jharkhand & Ors ...... Respondents
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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioners : Mr. Diwakar Upadhyay, Adv. For the Resp-State : Mr. Ashutosh Anand, AAG-III For the Resp-Intervenor : Mr. A. Allam, Sr. Adv.
M/s Faisal Allam, Sushmita Kumari, Asfia Sultana, Advocates For the Intervenor : Mr. Harsh Preet Singh, Adv.
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47/26.06.2024 Mr. Harsh Preet Singh has filed an intervention application on behalf of four persons who were affected by the Anti Sikh Riots of the year 1984. Mr. Diwakar Upadhyay, learned counsel for the petitioners has submitted at the bar, a supplementary affidavit bringing to the notice of the Court, a list of 39 persons who have been affected by the Anti Sikh Riots but who have neither been informed by the One Man Commission nor they have been sufficiently compensated.
Since it has been submitted by Mr. Ashutosh Anand, learned A.A.G.-III that without a copy of the First Information Report it is difficult to verify the credentials of each of the claimants, Mr. Upadhyay is directed to submit a further affidavit supplementing the affidavit which he has already filed annexing the copy of the F.I.R and chargesheet, if any, with respect to each of the claimants by serving a copy of the same to Mr. Ashutosh Anand, Learned A.A.G-III who, in turn, shall take instruction and suggest the modalities for compensating the persons in the list who seem to be genuinely affected by the Anti Sikh Riots of 1984.
So far as the intervention application filed by Mr. Harsh Preet Singh is concerned, the same is with respect to four persons affected by the Anti Sikh Riots of 1984. Based on the -1- averments made in this application, the same is allowed and all the said four persons are permitted to intervene in this public interest litigation.
I.A No. 4280 of 2024 stands disposed of.
It has once again been pointed out by Mr. Ashutosh Anand, learned AAG-III that the FIR/chargesheets are not in place with respect to the persons mentioned in the intervention application. Mr. Harsh Preet Singh is directed to take instruction with respect to the above and come up with a supplementary affidavit.
It has been submitted by Mr. Singh that the major areas affected by the Anti Sikh Riots of 1984 are Bokaro, Medini Nagar, Ranchi, Ramgarh and some parts of Giridih. The submissions advanced by the learned counsel for the respective parties and the affidavits filed by them reveal, prima facie, that several persons affected by the Anti Sikh Riots of 1984 have not been compensated inspite of an One Man Commission having been appointed by this Court and which had already submitted its report pursuant to which some persons have been compensated by the State though, according to Mr. Singh, the compensation is not in terms of the rules and regulations as much higher compensation is needed to be paid to the affected persons.
In view of the aforesaid circumstances, therefore, Mr. Harsh Preet Singh is directed to take further instructions and suggest the modalities with respect to identifying any other victims of the Anti Sikh Riots of 1984 who have been left out either by the One Man commission or whose name does not figure in the intervention application or in the supplementary affidavit filed by the petitioner today.
Let this matter be listed on 24.07.2024 by which time necessary affidavits must be filed by Mr. Diwakar Upadhyay, -2- learned counsel for the petitioner as well as by Mr. Harsh Preet Singh, learned counsel appearing for the intervenors.
Let a copy of this order be handed over to the learned counsel for the respective sides.
(Rongon Mukhopadhyay, J.) (Deepak Roshan, J.) Preet/-
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