Victim v. In cases where the amount of compensation awarded is less than the e
Case Details
1 2025:CGHC:29746-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 79 of 2024 1 - Mrs. Satyabhama Awasthi W/o Santosh Awasthi Aged About 70 Years Occ- Retired, R/o Nehru Nagar, Police Station- Civil Lines Thana, Bilaspur, District Bilaspur, Chhattisgarh. 2 - Abc (Deleted) As Per Honble Court Order Dated 03-10-2024. ... Petitioner(s) versus 1 - State of Chhattisgarh Through Chief Secretary, Mahanadi Chhattisgarh. Bhawan, Naya Raipur, Nagar, Atal 2 - Chhattisgarh State Legal Services Authority Office At Old Chhattisgarh. High Building, Bilaspur, Court AMARDEEP CHOUBEY 3 - State Of Chhattisgarh Ministry Of Home Through Principle Secretary Home Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Chhattisgarh. Digitally signed by AMARDEEP CHOUBEY Date: 2025.07.03 10:31:00 +0530 4 - Director General Of Police Police Headquarter, Sector 19, Nawa Raipur, Chhattisgarh. ... Respondents
Legal Reasoning
For Petitioner For Respondent/State : Mr. Prafull N. Bharat, Advocate General with : Mr. Diwesh Kumar, Advocate Mr. Shashank Thakur, Dy.A.G. For Respondent No.2 : Ms. Shruti Pramar, Advocate on behalf of Mr. A.S. Kachhawaha, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 02.07.2025 2 1. The present petition has been filed by the petitioners with the following prayers:- “10.1 Issue a writ of Mandamus or any other writ directing the SLSA to ensure disbursal of the correct amount of final and interim compensation as per the Schedule of the 2018 Scheme to the 36 victims brought before the court at the earliest in the following category of cases: i. In cases where compensation has been awarded following conviction, but compensation has not been disbursed / where compensation has not been awarded following conviction; ii. In cases where no interim compensation has been awarded after registration of FIR; iii. In cases where award of compensation was rejected on erroneous and technical grounds, including where the victim was not able to show immediate financial need; iv. In cases where compensation has been erroneously awarded under the Compensation Scheme - 2011 Victim v. In cases where the amount of compensation awarded is less than the entitlement amount specified in the Schedule of the 2018 Scheme. 3 10.2 Issue a writ of Mandamus or any other writ directing trial courts and directing the SLSA to instruct all DLSAs to ensure that 25% of the maximum compensation is awarded as interim compensation, as per clause 12 of the 2018 Scheme. 10.3 Issue a writ of Mandamus or any other writ directing the SLSA to instruct all DLSAs to initiate suo moto proceedings for interim compensation in all women related offences. 10.4 Issue a writ of Mandamus or any other writ directing the SLSA to instruct all DLSAs to review all trials in women related offences registered since 2.10.2018, and award interim and / or final compensation in all deserving cases. 10.5 Issue a writ of Mandamus or any other writ direct all trial Courts and DLSAs to pass reasoned orders on the question of interim and final compensation in all cases involving women related offences. 10.6 Issue a writ of Mandamus or any other writ directing the SLSA to instruct all DLSAs to ensure disbursal of relief of Rs 5000-10000, immediately upon receiving an application, as per clause 12 of the 2018 Scheme; 10.7 Issue a writ of Mandamus or any other writ 4 directing trial courts and directing the SLSA to instruct all DLSAs to ensure that interim compensation is awarded within 60 days of the victim's application for compensation or filing of the chargesheet, without waiting for the victim's statement in court or for the report of the police as per the Delhi High Court's decision in X v State of NCT Delhi & Anr 6 HCC (Del) 316. 10.8 Issue a writ of Mandamus or any other writ directing trial courts and directing the SLSA to instruct all DLSAs to ensure that adequate amount of victim compensation (interim and final) is deposited in the victim's account within one week of the award, considering that the objective of the 2018 Scheme will fail if the compensation amount is not made available to the victim at the earliest. 10.9 Issue a writ of Mandamus or any other writ directing trial courts and directing the SLSA to instruct all DLSAs to ensure that additional / enhanced compensation is awarded in POCSO cases, and cases involving multiple categories of harm (including pregnancy) as per the Schedule of the 2018 scheme. 10.10 Issue a writ of Mandamus or any other writ directing trial courts and directing the SLSA to instruct all DLSAs to consider the maximum amount specified in 5 the schedule as the minimum, especially in POCSO cases, in furtherance of Delhi High Court's decision in X v State of NCT Delhi & Anr 6 HCC (Del) 316. 10.11 Issue a writ of Mandamus or any other writ directing the SLSA to instuct all DLSAs that compensation cannot be denied solely on the grounds that the victim has not been able to show immediate financial need. 10.12 Issue a writ of Mandamus or any other writ directing the SLSA instruct all DLSAs, that interim compensation cannot be denied solely hyper technical grounds such as discrepancy across documents. 10.13 Issue a writ of Mandamus or any other writ directing the SLSA to instruct all DLSAs that victims of witch-hunting fall within the purview of the scheme. 10.14 Issue a writ of Mandamus or any other writ directing the SLSA to instruct all DLSAs to review all applications where compensation has been denied. 10.15 Issue a writ of Mandamus or any other writ directing the SLSA to instruct all DLSAs to review all applications post 2.10.2018 where compensation has been awarded as per the 2011 Scheme and revise compensation amounts in these cases as per the 2018 Scheme. 6 10.16 Issue a writ of Mandamus or any other writ directing the SLSA to ensure that the 2018 Scheme is also made applicable in cases where the offence has occurred before its enactment 10.17 Issue a writ of Mandamus or any other writ directing the SLSA to instruct all Superintendents of Police to ensure that FIRs registered under s326A, s354A to s354D, s376, s 376A to $376E, s304B and s498A IPC are immediately sent to the DLSA by the police for suo moto action for compensation under the 2018 Scheme (as per clause 5 of the 2018 Scheme); 10.18 Issue a writ of Mandamus or any other writ directing the SLSA to maintain quarterly records of all cases where immediate, interim and final compensation is awarded and disbursed under the 2018 Scheme by all DLSAs. 10.19 Issue a writ of Mandamus or any other writ directing the SLSA to formulate procedural guidelines on the above-mentioned points for smooth implementation of the 2018 Scheme. 10.20 Issue a writ of Mandamus or any other writ directing the SLSA to ensure that all districts have access to a permanent fund for disbursal of 7 compensation amount under the 2018 Scheme. This is so that disbursal of compensation does not get delayed due to lack of funds. 10.21 Issue a writ of Mandamus or any other writ directing the SLSA to conduct periodical training of all DLSA Secretaries, District Judges and Superintendents of Police on the 2018 Scheme; 10.22 Issue a writ of Mandamus or any other writ directing the SLSA to include the 2018 Scheme in all curriculums for training of Para Legal Volunteers and legal aid lawyers. 10.23 Any other relief which this Hon'ble Court may deem and proper in the present circumstances of the case.” 2. In compliance of order dated 29/04/2025 of this Court, the Secretary, Government of Chhattisgarh, Department of Home & Jail, Mahanadi Bhavan, Nawa Raipur, District Raipur has submitted his affidavit which is reproduced hereunder:- “4.Vide order dated 29/04/2025, this Hon'ble Court was pleased to record as follows; "From perusal of the affidavit it is apparent that out of total sanctioned budgetary allocation of funds which is Rs. 40 crores, the Department of Home has, vide order dated 25/04/2025, released an amount of Rs. 8 20 crores to the Chhattisgarh State Legal Services Authority (SLSA), copy of the letter has been enclosed. It appears from the letter dated 25/04/2025 and it is stated that the remaining amount shall be released at the earliest. In view of the same, let the matter be listed again on 02nd of July, 2025 by which date the affidavit shall be filed by the Secretary, Department of Home, State of Chhattisgarh, with respect to the remaining amount." 5.That, in compliance of the above, vide sanction order dated 19/05/2025, the remaining sum of Rs. 20 Crores has been allocated to the Chhattisgarh State Legal Services Authority. A copy of sanction order dated 19/05/2025 is being filed herewith as ANNEXURE A-1. 6.It is respectfully submitted that the said amount has also been disbursed in the account of Chhattisgarh State Legal Services Authority on 20/05/2025. A copy of distribution report pertaining to the transfer of amount of Rs. 20 Crores to the account is being filed herewith as ANNEXURE A-2. 3. On perusal of above affidavit, the balance amount i.e. Rs.20 Crores which was to be paid to the C.G. State Legal Services Authority, has already been paid. 4. Earlier vide order dated 03/10/2024, it has been pointed out by 9 the learned Advocate General that the case of petitioner No. 2 (victim, who is represented by her mother) cannot be the subject matter of present WPPIL, as she has already been paid compensation by the DLSA. While referring to Clause C.1, it has been pointed out by learned State Counsel that so far as petitioner No. 2 is concerned, she was granted compensation, but she was aggrieved by the fact that she was not given compensation by DLSA, as was specified in schedule of Compensation Scheme for Women Victims / Survivors of Sexual Assault/ other Crimes, 2018 (henceforth '2018 Scheme') and copy of the said order dated 23.05.2024 has been annexed in page No. 19 of the instant petition. It has further been pointed out that the petitioner No. 2/Victim has remedy to file an appeal against the said order before the DLSA and the said remedy has not been exhausted and similarly in the said paragraph, there appears to be nine other cases of similar nature, for which, if they are aggrieved by the fact that, they were not given compensation by DLSA, as was specified in Schedule of 2018 Scheme, they are at liberty to file an appeal before the DLSA for redressal of their grievances.
Decision
5. In view of above, the present petition is disposed of. SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Amardeep/Shoaib