Assam Victim Compensation Scheme: High Court Seeks Chief Secretary's Statement On Why Adequate Funds Not Made Available

The Gauhati High Court on Monday directed the Assam govt's Chief Secretary to apprise it as to why required money has not been made available for disbursement of compensation to the victims under the Assam Victim Compensation Scheme and the steps proposed to be taken to release the amount at the earliest.

The division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam was hearing a PIL raising an issue regarding non-payment of compensation to the victims under the Assam Victim Compensation Scheme, 2012 (Scheme of 2012).

In April, the Court had asked the State to come with a definite proposal for release of the requisite funds. “We are forced to make a comment that it is very sorry state of affairs that the compensation is not being disbursed to the victims for lack of funds. The State is having its primary responsibility to provide the fund for disbursement of compensation to the victims,” it had remarked.

However, on May 20, 2024 the Counsel appearing for Finance department submitted that during the joint meeting held between the Finance Department and the Law Department, it is agreed that the Law Department shall submit a proposal regarding funds which are in requirement for the purpose of disbursing to the victims under the Scheme of 2012.

It was further submitted that after submission of the requisition from the Law Department, the Finance Department will consider the same and will take effective steps for release of requisite funds to be disbursed to the victims under the Scheme of 2012.

However, during the hearing on June 10, the Counsel appearing for the Assam State Legal Services Authority (ASLSA) informed the Court that against the demand of around Rs. 44 Crores, only an amount of Rs. 9 Crores has been provided under the Scheme of 2012.

The Court noted that despite its observations, there is serious lack of coordination between the Home as well as Finance Department.

“In such circumstances, we are forced to direct the Chief Secretary to the State of Assam to file an affidavit indicating as to why required money has not been made available for disbursement of compensation to the victims under the Scheme of 2012 and the steps proposed to be taken to release the amount at the earliest. The said affidavit be filed by the next date of hearing,” the Court said.

The matter is listed again on July 16.

Case Title: Sandeep Chamaria v. The State of Assam & 2 Ors.

Case No.: PIL/7/2024

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