Constable Amit Kumar Died While On COVID-19 Duty, Delhi Govt’s Decision To Hold Wife's Compensation Case Not Tenable: High Court

Observing that 31-year-old constable Amit Kumar passed away during the first wave of COVID-19 while performing his duties, the Delhi High Court on Monday said that the decision taken by Delhi Government’s Group of Ministers to hold his wife’s case of ex-gratia payment of Rs. 1 crore is prima facie not tenable.

Justice Prathiba M Singh was hearing a plea moved by Kumar’s wife, who was expecting her child at the time when her husband passed away while he was posted at city's Deep Chand Bandhu Hospital to ensure adherence to COVID-19 lockdown measures. Kumar was the first policeman who died while performing COVID-19 duties.

In December last year, the court asked the case of ex gratia compensation to the widow be placed before a "Group of Ministers" as per Delhi Government's cabinet decision dated March 13, 2020. 

During the course of hearing today, Delhi Government’s counsel placed on record the minutes of meeting as per which the Group of Ministers on January 13 rejected the petitioner’s case.

The minutes of meeting stated that the wife’s case for compensation was kept on hold awaiting clarification from Delhi Police. The reports DCP and ACP of North West district were placed on record in this regard.

Perusing the documents on record, the court said:

“These reports, read along with the tweets of CM and LG of Delhi at the relevant point of time, leaves no manner of doubt that the constable, who was only 31 years, passed away during COVID-19 duties. Thus, the decision to keep on hold or seek clarification would prima facie not be tenable.”

The court thus directed that the order be placed before the Group of Ministers and a decision be taken within March 2, the next date of hearing.

Previously, the court had observed that the Delhi Government "ought not to resile from the clear announcement made" for ex-gratia payment of Rs. 1 crore and that the compensation due to the widow can no longer be delayed.

The Delhi government in May 2020 had announced Rs 1 crore ex-gratia to the kin of the constable. In one of his tweets, Delhi's Chief Minister Arvind Kejriwal had condoled the death of Kumar and had said his family will be provided with an ex-gratia of Rs 1 crore.

Title: Pooja vs State Of Gnct Of Delhi & Ors