Gauhati High Court Directs State To Pay ₹5 Lakh Compensation To Daughter Of Man Killed By Police During 'Assam Movement' In 1981

The Gauhati High Court recently directed the State Government to pay a compensation of Rs. 5 lakhs under its ex gratia compensation scheme, to the daughter of a man who was killed by the police when he was participating in the Assam movement on November 30, 1981. The claim for compensation had initially been refused on the ground that the said amount had been already disbursed to the brother of the deceased man.

The single judge bench of Justice Devashis Baruah observed that the ex gratia amount was paid by the respondent authorities on its own accord without the next of kin certificate being produced by the brother (respondent no. 4) of the deceased.

“It further reveals from the instructions which have been placed before this Court during the course of hearing that the amount was disbursed to the Respondent No. 4 at the own volition of the Respondent Authorities. However, the entitlement in respect to the said amount was of the Petitioner who admittedly is the daughter of Late Loknath Saikia. Under such circumstances, this Court is of the opinion that the Respondent Authorities cannot deprive the Petitioner of the grant of ex-gratia amount of Rs.5 lakhs on account of their fault of disbursing the said amount wrongfully to the Respondent No. 4,” Justice Baruah noted.

The facts of the case are that the petitioner is the daughter of Late Loknath Saikia who was killed by the police when he was participating in the Assam movement on November 30, 1981.

The Petitioner on coming to learn about the said ex gratia compensation scheme by the Government of Assam applied for the said grant of Rs. 5 lakhs but the same was refused on the ground that the said amount had been disbursed to respondent No. 4 who was the brother of Late Loknath Saikia.

Thus, the petitioner filed the present writ petition and enclosed the certificate issued Additional Deputy Magistrate, Nagaon dated August 13, 2017 certifying that her father was killed in connection with participation in the Assam movement and that she was the daughter of Late Loknath Saikia.

The State Government in its affidavit submitted that the said payment of Rs. 5 lakhs was made to respondent no. 4 on the basis of a report dated November 25, 2016 received from the Deputy Commissioner, Nagaon (respondent no. 2). It was further submitted that since the amount of ex gratia was already paid to the respondent no. 4, the question of payment to another beneficiary did not arise.

The Government Advocate submitted that in order to pay tribute to the martyrs who sacrificed their lives during the Assam movement, the “Shraddhanjali Programme” was organized centrally by the implementation of the Assam Accord Department, Government of Assam, to honour the families of the martyrs and extend financial assistance to them.

Accordingly, the Department issued a letter to respondent no. 4 to attend the said meeting and accordingly, Rs.5 lakhs were sanctioned in his favour as additional ex gratia grant to the martyrs family. It was also mentioned that no next of kin certificate was issued in the name of respondent no. 4 by the District Authority as heirs of Late Loknath Saikia.

“From the above materials on record, it therefore transpires that the Petitioner is the next of kin of Late Loknath Saikia is not in dispute and this very aspect of the matter was also brought to the attention of the authorities concerned by the Deputy Commissioner, Nagaon as far back as on 27.12.2016,” the Court said.

Accordingly, the Court directed the State Government to appropriate steps so that the amount of Rs.5 lakhs is disbursed to the petitioner within a period of 60 days.

Citation: 2023 LiveLaw (Gau) 103

Case Title: Momi Saikia v. The State of Assam & 3 Ors.

Case No.: WP(C)/7080/2017

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