Central Information Commission
Mrparamjit Singh vs Gnctd on 20 July, 2016
CENTRAL INFORMATION COMMISSION
(Room No.315, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
Prof. M. Sridhar Acharyulu (Madabhushi Sridhar)
Central Information Commissioner
CIC/SA/A/2016/001256
Paramjit Singh v. PIO, SDM (Preet Vihar)
Important Dates and time taken:
RTI: 29.02.2016 Reply: 29.03.2016
SA: 10.05.2016 Hearing: 14.07.2016 Decided on: 20.07.2016
Result: disposed of with direction
Parties Present:
1. Appellant is absent. Public authority: Absent.
FACTS:
2. Appellant through his RTI application had sought information relating to pending petition dated 21.12.2015 for rehabilitation relief to 1984 riot victims. SDM - Preet Vihar stated that policy of rehabilitation package has been closed by letter dated 31.12.2012. The FAA stated that available information has been provided by the CPIO. Appellant approached the Commission.
Decision:
3. From the facts on record it is apparent that the appellant is victim of 1984Anti Sikh Riots. He claims that he was visually impaired by the rioters, where this rendered him permanently incapacitated in performance of his normal occupational as well as nonoccupational activities for the remainder of his life. The appellant has enclosed diagnosis report of AIIMS to prove which certified permanent damage. The appellant states that he was not given compensation of Rs. 1, 25,000, which forced him to begging. The appellant could not attend the hearing because of visual problems. The respondent was not present despite notice of hearing served on them.
4. In 2006, the UPA government had announced a Rs 717 crore rehabilitation package for anti Sikh riots victims as per the report of the Nanawati Commission. According to the package, an exgratia amount of Rs.3.5 lakh each to the next of kin riot victims has to be disbursed. Out of this only Rs 517 crore had been spent and the remaining Rs 200 crore could not be distributed because of disputes over claimants. In a review it was found that Rs 3.5 lakh was not enough to compensate the families of riot victims. On compassionate grounds, the amount was hiked to Rs 5 lakh. The total payment for death has been enhanced to Rs. 3,50,000/ in accordance with the judgement of Hon'ble Delhi High Court in the case Bhajan Kaur vs. Delhi Administration. The nextofkin can apply for such payment to the concerned Deputy Commissioner, in whose jurisdiction the death took place. After enquiry, the recommendation of the Dy. Commissioner will be placed before a Screening Committee for payment.
5. The relief and rehabilitation scheme of Govt. of India has a dedicated web page to track the status of claims of 1984 riot cases, but it is not functional and the links do not open up. The office of the Commission could not ascertain the claim status of Mr. Paramjit Singh, appellant. None of the following web links opened.
Home> 1984 Riots Cases > Riots Cases I SETTLED CASES (i) Death Claims Click here (ii) Injury Claims Click here (iii) Residential Property Claims Click here (iv) Uninsured Commercial Property Claims Click here (v) Rehabilation Claims Click here II PENDING CASES (i) Death Claims Click here (ii) Injury Claims Click here (iii) Residential Property Claims Click here (iv) Uninsured Commercial Property Claims Click here (v) Rehabilitation Claims Click here III SUMMARY OF CLAIMS (i) Summary of Claims Click here IV PENSION (ii) Grant of Pension to Widow and Old Aged Click here (iii) Grant of Pension to wife of disabled persons Click here V EMPLOYMENT (iv) Providing Employment Click here
6. Justice T. P. Garg Commission recommended payment of Rs 25 lakhs for one victim Mr. Niranjan Singh (74), who had sustained 80 per cent burns when he was set ablaze by three men. The cheque never arrived and Singh, who spent 32 years waiting for some form of compensation, died on July 1, 2016. The Garg Commission has recommended that the state government pay a total of Rs 12.07 crore to those who lost family members and property in the riots in Gurgaon and Pataudi. Till date, the report has not been made public by the state government. (June 7, 2016, Indian Express, http://indianexpress.com/article/ india/indianews india/1984antisikhriotsharyanagovtcompensation2898370/). On March 2, 2016 media reported that Dr. Navjot Kaur Sidhu, Chief Parliamentary Secretary (CPS), Health and Family Welfare, Punjab, made serious allegation of misappropriation of Rs. 440 crore allotted by the Centre to Haryana State government to rehabilitate 1984 antiSikh riot victims. BJP Sikh Cell Unit complained that fake names were being added to the list of 1984 riotvictims in connivance with political leaders. Union Government sanctioned Rs. 2 lakh compensation per Sikh family and a lump sum payment of Rs. 440 crore was made to the SAD Government of Haryana in 2006. Of the 22,000 riothit Sikh families that came to the state, 15,000 stayed in Ludhiana. (ANI news item, March 2, 2016, https:// in.news.yahoo.com/navjotkaursidhu meetsmodiseeksjusticeanti063344200.html )
7. Another Media Report revealed that the Union Home Minister approved a centrally sponsored rehabilitation scheme to provide Rs 2 lakh each to 1020 families hit by the riots and migrated to Punjab from different parts of the country. These cases will be reopened only for a limited period of six months from the date of sanctioning of the scheme. The move came following a recommendation of Justice (retd) G P Mathur Committee, which was set up by the Narendra Modi government in December 2014 to look into various grievances related to the 1984 riots. (May 3, 2016, https://www.scoopwhoop.com/ 1020familieshitby1984riotstobe givenRs2lakh/) It was reported that the Delhi Government has estimated an expenditure of around Rs. 130 crore on compensation for around 2,600 families of antiSikh riot victims. The Centre will later refund the compensation amount to the Delhi government. November 1, 2015, (http://www.thehindu.com/ news/ national/kejriwaldistributeshighercompensationtokinof 1984riotsvictims/ article7829793.ece)
8. News media reported that there are around 2,600 families of the 1984 antiSikh riot victims. Government has estimated expenditure of around Rs. 130 crore on compensation. In October 2014, a hike in compensation to Rs. 5 lakh was announced by the central government, five months after the BJP had formed its government at the Centre. It was informed that enhanced compensation cheques will be distributed by Delhi Government to kin of victims and the Center would refund the entire amount. So far, around 143 kin of victims of the antiSikh riots have been disbursed enhanced compensation cheques and around 2,300 were yet to be given. (October 31, 2015, http://www.firstpost.com/india/arvindkejriwaltodistributeenhanced compensationofrs5lakhtofamiliesof1984antisikhriotvictims2488716.html). It is not known whether appellant's case is part of this scheme of rehabilitation. His RTI application should have been considered by the respondent authority.
9. It is surprising that the SDM - Preet Vihar in letter dated 16.3.2016 informed the appellant that as per letter dated 5.12.2012 issued by Ministry of Home Affairs the rehabilitation scheme has been closed. Amidst array of news covering proposals for implementing new schemes for rehabilitation of 1984 riot victims (http://www.tribuneindia.com/news/punjab/over1000 familieshitby1984riotstogetrs2lakh/231454.html) the CPIO gave the reply that there are no schemes available relief for such victims. More so, the right of victim of a communal riot like 1984 riots is not stated to be barred by any procedure. It is not a welfare scheme which is operational for a certain class of people in a time bound manner, it is a human right issue, for which the government is vicariously liable for the wrong of its failure to prevent it.
10. The trauma of 1984 riots and other subsequent horrid incidents have become part of history of rule of law. The vivid bigotry which led to divide and polarise the Indian subcontinent into collective troops based on fanaticism has seen use of riots to reenact the horrors in past. Intolerance rising to ugly head now and then has been the taunting battle howl of communal riots.
11. The riot victims, if not killed, are grievously injured, raped, displaced, their property devastated and shockingly blinded like this appellant. They are forced to flee and save their lives, like in 1984 riots as the riot victims fled to Punjab. Their status changes from natives of a society to refugees. The victims of violence are often left to suffer as the trauma for languishing for rehabilitation schemes. No scheme can compensate them adequately to commensurate with the unlimited loss they suffered for no fault of their own; forget the larger bit which cannot be compensated in money.
12. There appears no empathy among public offices for the cases like this appellant, Mr. Paramjit Singh, as they keep on suffering even more because of non payment of their rightful compensation. The victim of 1984 riots, Mr. Paramjit Singh is still suffering the brunt of the Anti Sikh fundamentalist's riots who have forced him to lead a life of beggars and also bluntness of the Public Authorities in giving information. Denial of compensation and information to him is disgraceful.
10. The Commission directs the respondent organization to treat this appeal as his grievance/complaint and inform the appellant about true status of his individual demand for compensation and inform by when will he be paid the compensation. The Commission also directs the CPIO to showcause why maximum penalty should not be imposed against him for giving incomplete and misleading information. The Commission directs respondent authority to explain why compensation should not be awarded to be paid by them to the appellant for harassment suffered by him for incomplete information.
11. All these directions should be complied with, within 21 days from the date of receipt of this order.
(M. Sridhar Acharyulu) Central Information Commissioner Authenticated true copy (Dinesh Kumar) Deputy Registrar Copy of decision given to the parties free of cost.
Addresses of the parties:
1. The CPIO under RTI, Sub Divisional Magistrate (Preet Vihar), Dist. East, ABlock, L M Bund, Shastri Nagar, Delhi110031.
2. Shri Paramjit Singh, H. No. 11/13, Gali No. 02, Old Govind Pura, Delhi110051.