Jammu & Kashmir High Court - Srinagar Bench
Gulnaz Begum vs State Of Jk And Others on 27 July, 2022
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
S. no. 120
Supplementary
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
OWP no. 324/2017
Gulnaz Begum
.... Petitioner(s)
Through: Mr Shah Faisal, Advocate
V/s
State of JK and others
... Respondent(s)
Through: Mr Sheikh Mushtaq, AAG vice
Mr Sheikh Feroz, Dy.AG
CORAM:
Hon'ble Ms Justice Moksha Khajuria Kazmi, Judge
ORDER
27.07.2022 The petitioner, an acid attack victim, has approached this court with a writ petition under Article 226 of the Constitution, seeking a direction in the name of respondents to compensate her for the loss and detriment in the shape of injuries suffered by her on account of an acid attack.
This court on consideration of the matter, in terms of order dated 15 th September, 2021, while taking note of the ratio laid down by the Hon'ble Supreme Court in case titled Parivartan Kendra v. Union of India and others reported as 2016 (3) SCC 571, observed that the State Government/ Union Territory is required to pay the minimum compensation of Rs. 3.00 lacs to the acid attack victim. The court was informed by the learned counsel for the petitioner that in compliance to the interim direction dated 14.09.2019, an amount of Rs. 1.50 lacs has already been released in favour of the petitioner by the J&K State Legal Services Authority. Accordingly, an interim mandamus was issued to the respondents to release the balance amount of Rs. 1.50 lacs in favour of the petitioner by or before the next date of hearing failing which the respondents had to show cause as to why the interim direction be not made absolute.
Upon notice the respondents appeared but did not file any reply. Having regard to the innocuous relief prayed for, the writ petition is taken up for final disposal.
Heard learned counsel for the parties and considered the submissions made.
OWP no. 324/2017 Page 1 of 4The Government of Jammu and Kashmir, has formulated a Scheme known as the Jammu and Kashmir Victim Compensation Scheme, 2013, notified in terms of SRO 229 dated 23rd April, 2013, that prescribes the mode, manner and method of providing compensation to the acid victims. In terms of the said scheme, the victim is entitled to compensation in case the claim is made by him or his dependents under sub section (4) of section 545-A of the Code of Criminal Procedure within a period of six months of the commission of crime. The delay, however, can be condoned by the District Legal Services Authority for the reasons to be recorded in writing. The victims, in terms of the said scheme, are entitled to compensation to the tune of Rs. 20,000/-. However, later on, the Government, in terms of SRO 394 dated 9th September, 2013, substituted the schedule appended with the notification dated 23rd April, 2013, notified in terms of SRO 229, whereby the compensation in case of acid victims was revised to Rs. 3.00 lacs.
Admittedly, the petitioner herein has filed a belated claim, therefore, in terms of the limitation clause of the aforesaid Scheme, the claim is time barred, however, the District Legal Services Authority has recommended the case of the petitioner for payment of compensation in terms of order dated 28 th June, 2017, passed in the application filed by the petitioner before the said authority, therefore, the claim for compensation is covered under the proviso to the limitation clause which, for facility of reference, is taken note of hereunder, thus:
"5. Limitation:
No claim made by the victim or his dependents under sub section (4) of section 545-A of the act shall be entertained after a period of six months of the commission of crime;
Provided that the District Legal Services Authority, if satisfied for the reasons to be recorded in writing, may condone the delay in filing the claim." (Emphasis supplied) The Hon'ble Supreme Court in case titled Parivartan Kendra v. Union of India and others reported as 2016 (3) SCC 571 has reiterated the directions passed in case titled Laxmi v. Union of India wherein certain directions have been passed by the Apex Court directing that the concerned State Government/ Union Territory shall pay the compensation of at least 3 lacs as the after care and rehabilitatioin cost out of which Rs. 1.00 lac shall be paid to such victim within a period of 15 days of occurrence of such incident.
In view of above, the court is of the opinion that the petitioner has succeeded in carving out a case in her favour for grant of compensation in terms of the OWP no. 324/2017 Page 2 of 4 Scheme supra read with the mandate of the judgment of the Hon'ble Apex Court as taken note of hereinbefore.
Accordingly, the writ petition is allowed, the petitioner is held entitled to compensation of Rs. 3.00 lacs. The amount of Rs. 1.50 lacs has already been received by the petitioner. Respondent no. 5, therefore, is directed to pay an amount of Rs. 1.50 lacs to the petitioner within a period of one month from the date copy of this order is made available to him.
The writ petition, along with all connected CMs, is disposed of on the above lines.
Registry shall send a copy of this order to the respondent no. 5 for compliance.
(Moksha Khajuria Kazmi) Judge Srinagar 27.07.2022 Amjad Lone, Secretary Whether the order is speaking: Yes OWP no. 324/2017 Page 3 of 4 OWP no. 324/2017 Page 4 of 4