'Who Listens To AIR?' : Supreme Court Wants Wide Publicity In Local Newspapers About COVID Death Compensation Scheme

Considering the lack of publicity given by the States, a Bench comprising Justices MR Shah and BV Nagarathna thought it was unfortunate how the common man is not being made aware of crucial aspects of the scheme of compensation to be provided by the States. It observed -

"Unless publicity is given a common man..will not be able to know the portal address on which they can make an application online."

Maharashtra

At the outset the Bench enquired about the latest position with respect to Maharashtra -

"Where is the State of Maharashtra? What is the latest position? Ms. Bhati, what is the latest position?"

Additional Solicitor General, Aishwarya Bhati responded, "They have filed an additional affidavit."

Advocate Sachin Patil appearing on behalf of State of Maharashtra appraised the Court that pursuant to its directions on the previous occasion, Maharashtra, which had initially proposed to disburse after 15th December, 2021, have already started making payments -

"As per Lordship's directions we have started disbursal of compensation already. Totally we received 87000 applications and we started disbursal. Till today 8000 applications approval and disbursal in process. By 30th December we will disburse about Rs. 50,000…"

Reminding Mr. Patil that the disbursal has commenced only after the Court pressed for the same, the Bench stated -

"You started only after we told you to do something…Whether any wide publicity is given to the portal or not?"

On the query of advertisement, Mr. Patil informed the Court that it had made publication in 121 newspapers to make the common person aware of the scheme.

"We have published in 121 newspapers; gave wide publicity."

Gujarat

The Bench enquired about the Counsel appearing on behalf of the State of Gujarat -

"Who is for Gujarat?"

Advocate Rajat Nair informed that Bench that the Counsel, Ms. Luvkumar was not available and he would take the onus of assisting the Court. On the issue of publicity given to the scheme, the Bench emphasised -

"Where was wide publicity given with respect to the portal, kindly show us."

Mr. Nair responded, "We have given direction to All India Radio."

Displeased with the response, the Bench remarked, "Who listens to All India Radio?"

Mr. Nair further informed that, "As well as the local radio."

The Bench asserted that the State should put out advertisements in local newspapers, as it would be the most effective mode of disseminating information with respect to the scheme.

"We do not want that. You must give advertisements in the local newspapers."

Mr. Nair assured the Court to do the needful -

"We will give advertisements in rural areas."

Irked, the Bench, stated -

"There are none, I must tell you. How do you do this to the common man, they are struggling for Rs. 50,000"

In his attempt to assure the Bench, that newspaper publication would be given the same week, Mr. Nair submitted -

"In fact, we are already calling the people who have been identified over the phone. So far as paper advertisements are concerned we will give this week only."

The Bench directed Mr. Nair to give the newspaper advertisements before the next date of hearing on Wednesday.

"We are keeping the matter for the day after tomorrow…In the meanwhile, in all newspapers advertisements must be there."

Mr. Nair vouched to do the same by the very next day.

"Tomorrow itself it will be done."

The Bench noted -

"Local channels you can do, Doordarshan you can do, local newspapers you can do, vernacular newspapers you can do. Who hears AIR? You can go to FM Radio."

Hearing the concerned parties, the Bench dictated the order -

"It appears that some of the States have not given any wide publicity by giving advertisement in newspapers, more particularly in the vernacular language newspapers and the local channels by giving the full particulars with respect to the online address on which the victim can make application, and also the particulars of Grievance Redressal Committee constituted. Unless publicity is given a common man he will not be able to know the portal address on which they can make an application online. Ld. Counsel appearing for Gujarat have stated at the Bar that before the next date of hearing advertisement shall be given in all newspapers, in particular the local newspapers…

Sachin Patel, Ld. Counsel appearing on behalf of the State of Maharashtra has stated at the Bar that by now the State of Maharashtra has reached approximately 84000 applications, out of which as of today 8000 applicants have been paid ex-gratia compensation. It is very unfortunate that only 8000 payments have been made. Ld. Counsel has submitted that the remaining will be paid ex-gratia compensation at the earliest. We direct them to make the payment after considering the application…within a week from today. Put up on Wednesday, 3:30 P.M."

[Case Title: Gaurav Kumar Bansal v. UOI, M.A. 1805/2021 in W.P.(C) No. 539 of 2021]