Anti-CAA Protests: High Court Seeks Details Of Claimants, Amounts Disbursed Under Govt Scheme For Assistance Of Delhi Riots Victims

The Delhi High Court has sought details, in a tabular chart, of claimants seeking compensation and the amount disbursed so far under the Delhi Government's 'Assistance Scheme for the Help of Riot Victims'.

The assistance scheme was introduced by the Delhi Government to compensate and assist the victims of the riots that took place during the anti-CAA protests in 2019-20. The said scheme provides for compensation for the death of a major, the death of a minor, permanent incapacitation, serious or minor injuries and loss of property.

The petitioners, through a batch of twelve connected matters, submitted that no compensation in accordance with the scheme had been provided to the victims.

While understanding the functioning of the scheme, Justice Yashwant Varma noted that in order to get compensated under the scheme, the victim had to first fill an application form for claim for compensation. The form had to be then submitted to the Sub-Divisional Magistrate who, in order to verify the claims made by the complainants, would send nodal officers to inspect the matter and prepare a report on the same.  

The petitioners stated that another question raised through some of the petitions was whether the quantum of compensation was adequately determined by the Scheme. Advocate Aanchal Tikmani, appearing on behalf of one of the petitioners stated that the batch of petitions consisted of two kinds of claims- first, claimants who sought compensation under the Scheme and; second, petitions seeking an enhanced amount of compensation and challenging the constitutional validity of the compensation provided under the scheme. She suggested that the Court detach the petitions that seek enhanced amount as a claim from the petitions which were seeking compensation under the scheme. 

Advocate C.P. Shrivastava, counsel appearing on behalf of the respondent, brought to the notice of the court that a Commission had been constituted under the Delhi Government's Assistance Scheme for the help of Riot Victims for the grant of relief. The bench noted that it would have to decide if the matters were to be heard by the bench itself or by the Commission.

Advocate Tikmani orally submitted that so far, no amounts have been paid by the Commission. She further submitted that Claimants had been receiving phone calls and being told to accept amounts lesser than those claimed by them in writing and despite such letters having been given by the Claimants, no amounts had been paid so far. She further submitted that she would place the appropriate documents on record. The bench remarked that allegations of the claimants having received phone calls from the Commission must be placed on record with proof and responsibility as the said Commission was headed by a Retired High Court judge. 

Accordingly, the bench stated that–

"Updated charts providing details of each individual claimant of compensation, reason of compensation, amount disbursed to the claimant must be placed on record. Also indicate and highlight those Writ Petitions in which the provisions of the compensation scheme are challenged as well as the ones in which the scheme is challenged on constitutional grounds and in which compensation over and above the maximum stipulated amount under the scheme is sought."

The matter is now listed for 12 September, 2022. 

CASE TITLE: SHAH NAWAZ v. GOVT. OF NCT OF DELHI & OTHER CONNECTED MATTERS