Gauhati High Court
Ear Ali @ Iyer Ali Sheikh vs The State Of Assam And 3 Ors on 2 November, 2022
Author: Achintya Malla Bujor Barua
Bench: Achintya Malla Bujor Barua
Page No.# 1/2
GAHC010112912022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3909/2022
EAR ALI @ IYER ALI SHEIKH
S/O. LATE MOKRAM ALI SHEIK, VILLAGE- BORAIKANDI, P.O.
KANAIMARA, P.S. SOUTH SALMARA, DISTRICT- SOUTH SALMARA
MANKACHAR, ASSAM, PIN- 783135.
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
ASSAM, HOME AND POLITICAL DEPARTMENTS, ASSAM, DISPUR,
GUWAHATI-6.
2:THE ASSAM STATE LEGAL SEREVICE AUTHORITY
REPRESENTED BY ITS MEMBER SECRETARY
GUWAHATI-1.
3:THE DISTRICT LEGAL SERVICE AUTHORITY
REPRESENTED BY ITS MEMBER SECRETARY
SOUTH SALMARA MANKACHAR
ASSAM AT HATSINGIMARI
P.O. FEKAMARI
DISTRICT- SOUTH SALMARA MANKACHAR
ASSAM. PIN- 783135.
4:THE CHAIRMAN
DISTRICT LEGAL SERVICE AUTHORITY
SOUTH SALMARA MANKACHAR
HATSINGIMARI
P.O. FEKAMARI
DISTRICT- SOUTH SALMARA MANKACHAR
ASSAM. PIN- 783135
Advocate for the Petitioner : MR. M ISLAM
Advocate for the Respondent : GA, ASSAM
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BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
O R D E R
02.11.2022 Heard in part.
We have requested Dr. A Saraf, learned senior counsel to be an Amicus Curiae on a question of law as to who is a victim under CrPC and whether in order to avail the benefits of victim compensation under section 357A of the CrPC for the loss and injury suffered due to the death of a daughter, the mother is also required to suffer substantial loss making it difficult for the mother to meet both ends meal without the income that the deceased daughter may have obtained.
This question assumes importance in view of the provisions of clause-4 of the Assam Victim Compensation Scheme, 2012 framed under section 357A of the CrPC, which seeks to give an extended meaning to the expression 'loss and injury' as available in section 357A by making it a substantial loss and injury rendering the victim to be unable to meet both ends meal and secondly the mother of the deceased is rendered to be a dependent rather than being a victim herself.
List the matter for further hearing on 15.11.2022.
JUDGE Comparing Assistant