Supreme Court Expresses Concern Over Delay In Compensation To Victims Of 1992-93 Communal Riots In Mumbai

The Supreme Court on Monday (September 30) expressed concern over the delay in payment of compensation the victims of the 1992 and 1993 communal riots in Mumbai.

“So much of delay in making payment of compensation to victims of riots”, Justice Abhay Oka remarked after the Maharashtra State Legal Services Authority sought time to file a report showing compliance with the Court's earlier order directing payment of compensation.

A bench of Justice Abhay Oka and Justice Augustine George Masih, perusing the report submitted today by the Member Secretary of the Maharashtra State Legal Services Authority, noted that some progress had been made in implementing the Court's directions regarding compensation.

The Court granted three more months, as requested by the Member Secretary, to submit a further report detailing the steps taken to implement the Court's orders. The matter has been listed for considering the report on January 20, 2025.

On March 1, 2023, the Supreme Court had directed the Resident Deputy Collector of the Mumbai Suburban District to submit proposals for the payment of compensation to the identified persons within a month. It had also directed the Maharashtra State Government to release the payment within a month after the proposals were submitted.

The Supreme Court has been monitoring the implementation of its judgment dated November 4, 2022, which outlined several directions for compensating the victims and reviving dormant criminal cases related to the riots. This judgment was passed in a petition filed by Shakeel Ahmed in 2001, seeking implementation of the Justice Srikrishna Commission's recommendations, which investigated the 1992-93 riots.

In its November 2022 judgment, the Supreme Court had highlighted the failure of the Maharashtra State Government to maintain law and order during the riots, which led to severe loss of life and property. Approximately 900 people were killed, over 2,000 injured, and significant property damage occurred during the riots following the Babri Masjid demolition.

The Court directed the Maharashtra Government to compensate the victims' families. Although Rs. 2 lakh had already been paid to the heirs of 900 deceased and 60 missing persons, compensation for 108 missing persons had not yet been paid due to the difficulty in tracing their legal heirs. The Court ordered the State to make all efforts to locate these legal heirs and pay them compensation with interest.

The Court also constituted a committee led by the Member Secretary of the Maharashtra State Legal Services Authority to oversee the implementation of its directions. The committee was tasked with tracing the legal heirs of missing persons and ensuring compensation was provided to them with interest.

The Supreme Court had also directed the Maharashtra Government to provide details of 97 dormant criminal cases related to the riots to the Bombay High Court. The Court mandated the creation of a special cell to trace absconding or missing accused and ordered the High Court to ensure that trials for these cases proceed expeditiously. In addition, the State was directed to implement the Srikrishna Commission's recommendations on police reforms without delay.

Thereafter, the present Miscellaneous Application was filed in the case, concerning the implementation of the Court's judgment.

On January 1, 2024, the Court noted a lack of compliance by the State with its judgment.

On May 6, 2024, the Court noted minimal compliance with the Justice Srikrishna Commission's recommendations on police reforms. The Court noted that, while Maharashtra had a police force of 2,30,588 personnel, only one-quarter had been provided with residential accommodation. A proposal to construct only 305 additional service quarters was deemed insufficient. The Court directed the Home Secretary and the Director General of Police to hold meetings and report further progress by July 19, 2024. The Maharashtra State Legal Services Authority was also asked to submit a compliance report by the same date.

On July 26, 2024, the Court reviewed a report dated July 18, 2024, submitted by the Member Secretary of the Maharashtra State Legal Services Authority, which indicated progress.

Case no. – Miscellaneous Application No. 2070/2023 in WP (C) No. 182/2001

Case Title – Shakeel Ahmad v. Union of India & Ors.