NEW DELHI: In the case of SHAH NAWAZ v. GOVT. OF NCT OF DELHI & OTHER CONNECTED MATTERS, Delhi High Court has directed State Government to submit details of claimants seeking compensation and the amount disbursed so far under the Anti-CAA riots.
The Scheme was introduced by Delhi Government to compensate and assist the victims of the riots that took place during the anti-CAA protests in 2019-20. The said scheme provides for compensation for the death of a major, the death of a minor, permanent incapacitation, serious or minor injuries, and loss of property.
During proceedings, Justice Yashwant Varma noted that in order to get compensated under the scheme, the victim needs to first fill out an application form to claim compensation. The form had to be then submitted to the Sub-Divisional Magistrate who, in order to verify the claims made by the complainants, would send nodal officers to inspect the matter and prepare a report on the same.
The petitioners raised a number of queries like whether the quantum of compensation was adequately determined by the Scheme. Advocate Aanchal Tikmani, who appeared on the behalf of one of the petitioners stated that the batch of petitions consisted of two kinds of claims- first, claimants who sought compensation under the Scheme, and; second, petitions seeking an enhanced amount of compensation and challenging the constitutional validity of the compensation provided under the scheme.
Counsel member of the respondent, Advocate C.P. Shrivastava, also came and said that Commission had been constituted under the Delhi Government’s Assistance Scheme for the help of Riot Victims for the grant of relief. The bench noted that it would have to decide if the matters were to be heard by the bench itself or by the Commission.
Justice Varma stated that the allegations made upon the incompetency of the Commission were hard to believe because the said Commission was headed by a retired High Court judge. Advocate Tikamani was asked to place these submissions on record. However, the bench warned her to be responsible while making such allegations.
“Updated charts providing details of each individual claimant of compensation, reason of compensation, the amount disbursed to the claimant must be placed on record. Also indicate and highlight those Writ Petitions in which the provisions of the compensation scheme are challenged as well as the ones in which the scheme is challenged on constitutional grounds and in which compensation over and above the maximum stipulated amount under the scheme is sought.” the Court said.
The next date of hearing will be on 12 September 2022.
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