Shakeel Ahmad vs Union Of India .

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.182 OF 2001

Shakeel Ahmed … Petitioner

v.

Union of India & Ors. ... Respondents

J U D G M E N T

ABHAY S. OKA, J.

FACTUAL ASPECTS

1. The city of Mumbai had a torrid time from 6 th December 1992

till 12th March 1993. Mumbai witnessed perhaps the worst mob

frenzy, violence, communal tension and riots from 6 th December

1992 to 10th December 1992 and from 6th January 1993 to 20th

January 1993. There were many incidents of arson and violence Signature Not Verified Digitally signed by ASHA SUNDRIYAL

resulting in a large­scale loss of lives and damage to properties. Date: 2022.11.04 17:15:24 IST Reason:

The Police resorted to firing at many places. Ultimately, Army was

1 called to aid the civil administration. Thereafter, the situation was

gradually brought under control. When the citizens of Mumbai

were about to breathe a sigh of relief, there were serial bomb blasts

in various parts of the city on 12 th March 1993. In December 1992

and January 1993, there were about 900 deaths, 168 persons were

reported missing and about 2036 persons suffered injuries. As a

result of the serial bomb blasts of 12 th March 1993, there were 257

deaths and 1400 people were injured.

2. The Government of Maharashtra by a notification dated 25 th

January 1993 constituted a Commission under the Commissions

of Inquiry Act, 1952 (for short, ‘the 1952 Act’) headed by Hon’ble

Shri Justice B.N. Srikrishna, the then sitting Judge of the High

Court of Judicature at Bombay, who subsequently retired as a

Judge of this Court. The Terms of Reference of the Commission

were as under:

“(i) The circumstances, events and immediate causes of the incidents which occurred in the Bombay Police Commissionerate area in December 1992 on or after the 6th December 1992 and, again in January 1993, on or after the 6th January 1993;

(ii) Whether any individual or group of individuals or any other organizations, were

2 responsible for such events and circumstances;

(iii) The adequacy or otherwise of the precautionary and preventive measures, taken by the Police preceding the aforesaid incidents;

(iv) Whether the steps taken by the Police in controlling the riots were adequate and proper and whether the Police firing resulting in deaths was justified or not; and

(v) The measures, long and short term, which are required to be taken by the administration to avoid recurrence of such incidents, to secure communal harmony and also to suggest improvements in law and order machinery.”

3. Subsequently, the Terms of Reference of the Commission were expanded by the State Government and the following additional terms were incorporated:

“(vi) The circumstances and the immediate cause of the incidents commonly known as the serial bomb­blasts of the 12th March 1993, which occurred in the Bombay Police Commissionerate area;

(vii) Whether the incidents referred to in term (i), have any common link with the incidents referred to in term (vi) above; and

(viii)Whether the incidents referred to in term (i) and in term (vi) were part of a common design.”

By a notification dated 23rd January 1996, the State Government

disbanded the Commission on a very strange ground that there

was an inordinate delay on the part of the Commission in

3 submitting its report. As noted in the report of the Commission,

the then Hon’ble Prime Minister requested the Chief Minister of

Maharashtra to revive the Commission and that is how it was

revived by the notification dated 28th May 1996. The Commission

submitted its report on 16th February 1998 which consisted of

two volumes. Volume­I contained the conclusions and

recommendations of the Commission. Volume II contained a

summary of the evidence recorded and analysis of the evidence.

4. The present petition invokes the jurisdiction of this Court

under Article 32 of the Constitution of India. There are five

substantive prayers made in the petition, which read thus:

“i. Declare that an enquiry conducted under the Commission of Enquiry Act, 1952, would tantamount to an Inquiry within the meaning of Article 311 [2] of the Constitution of India;

ii. Declare that a public servant found guilty/indicted under the Commission of Enquiry Act, 1952 be liable to be summarily dismissed; and

iii. Issue a Writ, Order or Direction in the nature of Mandamus and/or like nature directing the Respondent­State to accept and act on the finding of the Sri Krishna Commission of Enquiry; and

iv. Issue a Writ, Direction or Order in the nature of Mandamus and or like nature directing the

4 Respondent­State of Maharashtra that SUMMARY cases be re­opened and action taken in accordance with the recommendations of the Sri Krishna Commission Report;

v. Direct Respondents to pay compensation to the persons identified as MISSING and the cases concerning them to be closed;”

The Recommendations of Justice B. N. Srikrishna Commission and the Response of the State Government

5. The entire petition revolves around the issue of

implementation of the recommendations of the Commission. The

recommendations which are relevant for deciding this petition

can be summarized as under:

i. Based on the study conducted by a committee of

experts of Tata Institute of Social Sciences appointed

by the Commission which dealt with the immediate

causes of the riots, the Commission opined that the

causes were political, socio­economic and

demographic;

ii. The precautionary and preventive measures taken by

the Police preceding the incidents of riots were

inadequate. The intelligence machinery of the Police did

not give information in good time about the possible 5 damage to the Babri Maszid. Moreover, there was no

effort made to make an accurate assessment of the

situation, which could arise due to possible damage to

the Babri Maszid. The Intelligence Department failed to

gather crucial information about the closed door

meetings held by the two different religious groups,

which were found responsible for the riots;

iii. The Police machinery proved to be inadequate to deal

with the situation. Moreover, the Police were

hopelessly outnumbered as the strength of the Police

staff was inadequate even to handle day­to­day

problems;

iv. The Commission found that there was a failure to

register crimes by the Police. There was a delay in

registering crimes. The investigation was carried out

in an arbitrary and casual manner;

v. There was a delay in the disposal of criminal cases

concerning riot­related offences;

vi. There was a lot of political interference in the

functioning of the Police machinery; 6 vii. The commission concluded that the Police officials

named in paragraph 1.30 of Volume­I of its report,

were found actively participating in riots, communal

incidents and incidents of looting, arson, etc. The

Commission recommended the initiation of disciplinary

action against the said Police officials;

viii. The Commission noted that the members of the police

force were lacking physical fitness. The Commission

recorded that long and arduous working hours leave

them no time for physical exercises. The Commission

recommended that strict standards of physical fitness

be enforced; and

ix. The Commission recommended improvement of

conditions of work of the Police and also recommended

that proper housing facilities be provided to the police.

6. The State Government issued a Memorandum of action to

be taken by the Government on the report of the Commission (for

short, ‘the Memorandum’). Most of the recommendations were

accepted by the State Government. The action proposed by the

State Government was incorporated in the Memorandum. The

7 response of the State Government to some of the relevant

recommendations reads thus:

i. The State Government noted that the Police have

classified a large number of offences relating to riots in

‘A’ Summary (true but undetected). The Government

decided to appoint a committee comprising Officers

from Home Department, Law Department and senior

Police Officers to scrutinize all ‘A’ Summary cases and

carry out reinvestigation, wherever warranted;

ii. Instructions would be issued to the Police Department

to ensure effective and speedy trials in offences

relating to riots;

iii. The State Government has decided to pay

compensation to the victims of the riots and violence;

iv. The State Government has decided to initiate

disciplinary proceedings against the erring police

officials; and

v. The State Government assured to improve the

conditions in which the police force was working.

8 The State Government did not agree with some of the

conclusions drawn by the Commission especially its findings on

the causes of the riots/violence. But, the Government agreed to

act upon majority of recommendations.

7. There are affidavits filed by both sides. The affidavits filed

on the side of the petitioner make a grievance about the failure of

the State Government to implement the recommendations of the

Commission and also the failure to bring the offenders to book.

Rival Submissions

8. Shri Colin Gonsalves, the learned senior counsel

representing the petitioner, submitted that as can be seen from

the affidavits on record, the action taken by the State

Government on the recommendations of the Commission is

merely an eyewash. He pointed out that the Police Officials who

were found guilty of serious misconduct by the Commission were

let off either by exonerating them or by imposing very minor

penalties. He pointed out that almost all the prosecutions ended

either in discharge of the accused or in acquittal. He made a

grievance that the Legal Services Authorities constituted at the

State and the District levels, failed to render assistance to the

9 victims of the offence and/or to the legal heirs of the victims of

the offence, as the case may be. Legal assistance was not

provided to the victims or legal heirs of the victims for challenging

the orders of discharge or acquittal and for filing proceedings for

recovery of compensation. As a result, the victims got no relief

from the State machinery and even from the judiciary. He also

submitted that meagre compensation of Rs.2 lakhs was paid to

the legal heirs of those who lost lives in the riots. Moreover, there

was inordinate delay in making the payment of compensation.

Very few families of missing persons were paid compensation,

though, by legal fiction, the persons missing for more than seven

years are treated as dead. He would, therefore, submit that the

compensation deserves to be enhanced substantially and a

direction be issued to the State Government to ensure that

compensation is paid to every eligible victim/ his or her heirs. He

submitted that victims be provided interest to compensate them

for the delayed payment.

9. Shri Rahul Chitnis, the learned counsel representing the

State Government urged that there is no default on the part of

the State Government. He submitted that all efforts were made to

trace the family members of missing persons and compensation 10 was promptly paid to them. He submitted that disciplinary

proceedings were initiated against the Police Officers named by

the Commission and were taken to the logical end. He submitted

that it is too late in the day now for this Court to interfere and

issue directions to challenge the orders of acquittal or discharge.

He submitted that some such orders were unsuccessfully

challenged before the higher forum. His submission is that with

the passage of time, no directions are warranted in this petition.

Consideration of Submissions

10. We have given careful consideration to the submissions.

During the course of the submissions, the first two prayers were

not seriously pressed by the learned senior counsel for the

petitioner. The recommendations of a Commission appointed

under the 1952 Act cannot bind the Government. The Courts

cannot compel the Government to act upon the report. But, once

the Government accepts the recommendations, a Writ Court can

issue a mandamus for the implementation of the

recommendations as it becomes an obligation of the Government

to implement the recommendations. A perusal of the affidavits

filed in this petition as well as connected petitions which were

disposed of by the order dated 30th August 2022, shows that 11 while the State Government disputed most of the conclusions

drawn by the Commission regarding the causes of the riots, most

of the recommendations regarding taking corrective measures

were accepted as can be seen from the Memorandum filed by the

State Government. We are conscious of the fact that the

recommendations of the Commission were submitted more than

24 years back and most of the trials and disciplinary inquiries

have been concluded more than 20 years back. Nevertheless, we

are dealing with submissions canvassed across the Bar.

Action Against Erring Police Officials

11. Firstly, we will deal with the conduct of disciplinary

proceedings against the erring police officials as recommended by

the Commission. The details thereof are found in the Affidavit

dated 13th March 2020 of Shri Amitabh Gupta, the Principal

Secretary, Home Department, Government of Maharashtra. In

terms of the recommendations of the Commission, FIRs were

registered against nine police officials. Two of them were

discharged and seven were acquitted. The complainants/victims

filed revision applications against orders of discharge dated 16 th

April 2003 of two officials. The revision applications were

dismissed. The matters were carried to this Court by way of

12 Special Leave Petitions, which were dismissed on 4 th July 2011.

In the case of six police officials, orders of acquittal were passed

on 18th November 2005, and one officer was acquitted by an

order dated 9th September 2014. These orders of acquittal were

not challenged. Out of nine police officials, seven have already

been superannuated. The State Government has not stated the

reasons for not questioning the orders of acquittal. The State

should have been vigilant and proactive in these cases. Now it is

too late in the day to direct the State to examine whether the

orders of acquittal deserve to be challenged.

12. Now, coming to the disciplinary inquiry initiated against

various police officials, we find that one official was dismissed

from service. One official was made to compulsorily retire by way

of punishment. On nine other police officials, minor penalties

have been imposed. Out of the said nine police officials, against

whom minor penalties were imposed, eight officials have already

retired from service. Eight other police officials were exonerated.

Out of them, five officials have since retired. Inquiry against one

police official was dropped as he died during the pendency of the

inquiry. In view of long passage of time, as far as the disciplinary

action is concerned, now in the year 2022, it will be inappropriate 13 to go into the question of the validity of the orders passed by the

disciplinary authorities and the adequacy of the penalties

imposed. In any case, in a writ petition in the nature of a Public

Interest Litigation, a Writ Court should not normally interfere

with disciplinary proceedings.

Riot Related Criminal Cases

13. The affidavit discloses the details of the fate of 253 riot

related criminal cases. The outcome of these cases can be

summarized as under:

Cases Pending Cases on found Cases in dormant Convicted Acquitted Abated unrelated Sessions files.

to riots Court

6 114 1 34 1 97

It is noted in the affidavit that the High Court of Judicature at

Bombay had nominated two learned Sessions Judges and two

learned Metropolitan Magistrates as the Special Courts for

dealing with criminal cases relating to the violence in December

1992 and January 1993. The affidavit discloses that one case is

still pending in the Sessions Court. We propose to direct the

14 Sessions Court to dispose of the pending case at the earliest.

Ninety­seven cases are on dormant files. The reason must be that

either the accused therein are not traceable or are absconding.

The High Court, on the administrative side, must issue

appropriate directions to the concerned Courts in which these

cases are pending. The High Court must ensure that the

concerned Courts take appropriate steps for tracing the accused.

The State Government will have to set up a special cell for tracing

the accused.

Failure To Provide Legal Aid To The Victims

14. Shri Colin Gonsalves, the learned senior counsel made a

grievance that the victims of the offences ought to have been

provided legal aid by the State and the District Legal Services

Authorities established under the Legal Services Authorities Act,

1987 (for short, ‘the 1987 Act’) for challenging the orders of

acquittal. His grievance was that the Legal Services Authorities

have not performed their duty. Though no directions can be

issued at this stage to grant legal aid, nevertheless, we are

examining the legal contentions.

15. Section 12 of the 1987 Act lays down the criteria for giving

legal services which reads thus:

15

“12. Criteria for giving legal services — Every person who has to file or defend a case shall be entitled to legal services under this Act if that person is—

(a) a member of a Scheduled Caste or Scheduled Tribe;

(b) a victim of trafficking in human beings or begar as referred to in article 23 of the Constitution;

(c) a woman or a child;

(d) a person with disability as defined in clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996);

(e) a person under circumstances of underserved want such as being a victim of a mass disaster, ethnic, violence, caste atrocity, flood, drought, earthquake or industrial disaster; or

(f) an industrial workman; or

(g) in custody, including custody in a protective home within the meaning of clause (g) of section 2 of the Immoral Traffic (Prevention) Act, 1956 (104 of 1956), or in a juvenile home within the meaning of clause (j) of section 2 of the Juvenile Justice Act, 1986 (53 of 1986), or in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of section 2 of the Mental Health Act, 1987 (14 of 1987); or

(h) in receipt of annual income less than rupees nine thousand or such other higher amount as may be prescribed by the State Government, if the case is before a court other than the Supreme Court, and less than rupees twelve thousand or 16 such other higher amount as may be prescribed by the Central Government, if the case is before the Supreme Court.”

(emphasis added)

16. Under Clause (e) of Section 12 of the 1987 Act, a person

who is subjected to ethnic violence, is entitled to legal services

under the 1987 Act. The meaning of the adjective “ethnic”

according to Merriam­Webster dictionary is “of or relating to

large groups of people classed according to common racial,

national, tribal, religious, linguistic, or cultural origin or

background”. The term “ethnic” can be narrowly construed as

including solely “linguistic” or “racial” groups. If it is given a

broad meaning, it will include religion, tribe and caste in group

distinction. Looking at the conclusions in the report of the

Commission and the response to the recommendations of the

State Government in the form of the Memorandum, there is no

manner of doubt that communal disharmony between two

religious groups was one of the main causes of the riots and

violence. There are enough indications in both documents that

there was tension between the two religious groups which is one

of the major causes of the incidents of violence. Considering the

object of the 1987 Act, a broad meaning will have to be assigned

17 to the word “ethnic” for the purposes of considering the

entitlement to grant of legal aid. Therefore, these incidents of

December 1992 and January 1993 are the incidents of ethnic

violence within the meaning of clause (e) of Sub­section (1) of

Section 12 of the 1987 Act. Hence, on an application being made

by the victims of the offence or their legal heirs, legal services

could have been provided to them by appointing advocates, who

could have assisted the Criminal Courts in terms of sub­Section

(2) of Section 301 of the Code of Criminal Procedure, 1973 (for

short, ‘Cr.P.C.’) during the course of trials. Legal services could

have been provided to the victims to challenge the orders of

acquittal. But we must remember that those were the early days

of the Legal Services Authorities. With the passage of time, the

Legal Services Authorities right from the Taluka level to national

level, have expanded their activities for effectively rendering legal

services. Now multiple activities are being conducted by the Legal

Services Authorities at various levels. The scope of legal services

has been considerably widened during the last few decades.

During the pandemic of COVID 19, these authorities reached the

poor and needy by providing assistance to them. We hope and

trust that after 75 years of independence, riot­like situations will

18 never arise. Unfortunately, if such situations arise, we are sure

that the Legal Services Authorities at various levels will come to

the rescue of the victims of violence and render legal services to

them, keeping in mind the spirit of Section 12 of the 1987 Act.

Now, it is too late in the day to direct the Legal Services

Authorities to render legal aid to the victims of the 1992 and

1993 riots for challenging the orders of acquittal.

Failure To Make Proper Investigation

17. One of the grievances of the petitioner was that in large

number of riots related offences, a proper investigation was not

carried out and therefore, about 1371 cases were closed by

classifying as ‘A’ Summary (true but undetected). The affidavit of

Shri Amitabh Gupta notes that the State Government had

appointed a Committee under the chairmanship of the Director

General of Police to scrutinize all cases which were classified as

‘A’ Summary. In terms of the directions of the Committee,

reinvestigation was carried out in 112 cases under the

supervision of the Officers of the rank of Deputy Commissioner of

Police. Out of the 112 cases, 104 were again classified as ‘A’

Summary. In the remaining eight cases, charge sheets were filed.

Out of the eight cases, seven cases resulted in acquittal, and in 19 one case, where the offence was compoundable, the case was

compounded.

Recommendation on Police Reforms

18. The Commission in its report has made several suggestions

for reinforcing and improving Police Force. The recommendations

are very wide and cover many aspects. The Commission

recommended that professionalism needs to be introduced in the

Police Force. The Commission has laid emphasis on the training

and physical fitness of the members of the Police Force. The

Commission suggested improvements in the weaponry held by

the Police Force. The Commission also suggested vast

improvements in the communication systems of the Police. There

is also a recommendation made to stop political interference in

the day­to­day functioning of the police. We may note here that

with the passage of time and with the advancement of

technology, there has been a considerable improvement in the

communication systems used by the Police. The Commission’s

suggestion of setting up Rapid Action Squads has been

implemented. The Commission suggested that various steps

should be taken to boost the morale of the Police Force, such as

providing proper housing facilities to them, reducing political 20 interference in the day­to­day functioning of the Police Force, etc.

The Memorandum of the Government records that most of these

recommendations have been accepted by the State Government.

But what remains is the implementation part. The State

Government cannot ignore the recommendations made by the

Commission for the improvement and modernization of the Police

Force and the recommendations shall continue to guide the State

Government.

Compensation to Victims

19. That takes us to the crucial issue of payment of

compensation to the victims of the riots. We have already noted

that whether due to the violence or police firing, 900 people lost

their lives and 2036 people got injured in December 1992 and

January 1993.

20. Article 21 of the Constitution of India confers a right on

every citizen to live with human dignity. Article 21 encompasses

into itself the right to live a meaningful and dignified life. All the

aspects of life which make a person live with human dignity, are

covered by the word ‘life’ used in Article 21 of the Constitution of

India. If the citizens are forced to live in an atmosphere of

21 communal tension, it affects their right to life guaranteed by

Article 21. The violence witnessed by Mumbai in December 1992

and January 1993 adversely affected the right of the residents of

the affected areas to lead dignified and meaningful life. It cannot

be disputed that certain groups were responsible for the large­

scale violence in December 1992 and January 1993. There was a

failure on the part of the State Government to maintain law and

order and to protect the rights of the people guaranteed under

Article 21 of the Constitution of India. As noted earlier, 900

persons died and more than 2000 persons were injured. The

houses, places of business and properties of the citizens were

destroyed. These are all violations of their rights guaranteed

under Article 21 of the Constitution of India. One of the root

causes of their suffering was the failure of the State Government

to maintain law and order. Therefore, the affected persons had a

right to seek compensation from the State Government. Though

belatedly, by a Government Resolution dated 8 th July 1993 (the

first Government Resolution), a decision was taken to give

financial assistance to the persons affected due to riots in

December 1992 and January 1993 as well as due to the serial

bomb blasts in the city of Mumbai. Nearly five and a half years

22 after the incidents of riots, the Government Resolution dated 22 nd

July 1998 (the second Government Resolution) was issued,

providing for giving compensation of Rs.2 Lakhs to the legal heirs

of the missing persons. The eligibility criteria and procedure for

disbursement were laid down in the second Government

Resolution.

21. The affidavit of Shri Amitabh Gupta dated 13 th March 2020

notes that 900 persons died in the riots and 168 persons were

reported missing. He claimed that compensation has been paid

to the legal heirs of all 900 dead persons and family members of

60 missing persons. A direction was issued by this Court on 30 th

August 2022, directing the State Government to disclose the

details of the compensation paid to the victims. It is necessary to

quote the aforesaid order dated 30 th August 2022 of this Court,

which reads thus:

“….We have heard learned counsel for parties.

In order to deal with all the aspects raised by learned counsel for the petitioner, more specifically the aspect of compensation, we require a better explanation of exhibit­B at page 26 of the affidavit filed by the State of Maharashtra dated 13.3.2020. We would require information as under:­

23

(i) Whether the figure of 168 persons who are stated to be missing form a part of the 900 number of victims identified;

(ii)Whether any compensation has been paid to the legal heirs of the persons who have been found missing;

(iii) What is the reference to the compensation paid to heirs of victims;

(iv) Whether any compensation has been paid for loss of property;

(v) When was these compensations paid i.e. the time lag between the date of the incident and the compensation being made.

An affidavit be filed in terms aforesaid within two weeks.

Arguments concluded.

Judgment reserved.”

(emphasis added)

The State Government by the affidavit of Shri Mangesh

Manjabhau Shinde, Joint Secretary of the Home Department

purported to comply with the above directions. The response of

the State Government in the affidavit of Shri Mangesh

Manjabhau Shinde reads thus:

“(i) Whether the figure of 168 persons who are stated to be missing form a part of the 900 number of victims identified.

24 Reply – The total number of missing persons is 168 which is not the part of total 900 victims.

(ii) Whether any compensation has been paid to the legal heirs of the persons who have been found missing;

Reply­The total compensation Rs.1,19,00,000/­ paid to the legal heirs of the 60 missing persons. The compensation to the legal heirs of the remaining missing persons has not yet been given for the reasons that the legal heirs were not found, residential addresses were not found, undertaking not submitted by the legal heirs, police case is registered against the missing person, etc.

(iii) What is the reference to the compensation paid to heirs of victims;

Reply – The compensation to legal heirs of victims and the compensation for the loss of property is given with reference to the Government Resolution, dated 08.07.1993. A true copy of the Government Resolution dated 08.07.1993 is annexed herewith and marked as Annexure­R­2.

The compensation paid to the legal heirs of missing persons is given with reference to the Government Resolution, dated 22.07.1998. A true copy of the Government Resolution dated 22.07.1998 is annexed herewith and marked as Annexure­R­3.

(iv) Whether any compensation has been paid for loss of property;

Reply – Compensation for Rs.3,31,92,658/­ has been paid for loss of property. The bifurcation is as below :­

25 Cases in Sr. which Total Subject No. compensa Compensation tion paid Houses/

1. 1575 Rs.73,50,000/­ Stalls/ Huts Houses

2. found 2502 Rs.95,75,000/­ damaged Stalls found

3. 3699 Rs.1,41,29,458/­ damaged

4. Others 538 Rs.21,38,200/­

5. Total 8314 Rs.3,31,92,658/­

(v) When was these compensations paid i.e. the time lag between the date of the incident and the compensation being made.

Reply – After the guidelines issued by GR dated 08/07/1993 and GR dated 22/07/1998, the compensation was paid for over the period from year 1992 to 2010 after thorough scrutiny of the cases of compensation as per the GR norms, from time to time.”

(emphasis added)

22. Under Section 108 of the Indian Evidence Act, 1872, there

is a presumption that if a person has not been heard of for seven

years or more by those who would naturally have heard of him if

he had been alive, such a person is presumed to be dead unless

the contrary is proved by the person who affirms it. It is in view of

the statutory presumption that the State Government has come

out with the scheme to pay compensation of Rs.2 lakhs to the

26 legal heirs/family members of the missing persons. Now, coming

to the missing persons, the family members of only 60 missing

persons have been paid compensation. As regards the family

members of remaining 108 missing persons, compensation was

not paid for various reasons, such as, the persons concerned

were not found, their residential addresses were not found,

undertakings were not submitted by them etc. The State

Government has not set out the efforts made to trace the family

members of the missing persons and to make sure that they

make compliance, such as the execution of the undertakings. We

propose to constitute a Committee headed by the Member

Secretary of the Maharashtra State Legal Services Authority (for

short, ‘MSLSA’), to look into the records relating to the remaining

108 missing persons. We propose to direct the State Government

to nominate a Revenue Officer, not below the rank of Deputy

Collector and a police officer not below the rank of Assistant

Commissioner of Police as the other two members of the

Committee. The Committee shall monitor the efforts made by the

State Government to trace the family members of missing

persons, whose addresses are not available and also to ensure

that those eligible persons who have not made procedural

27 compliances are assisted to make necessary compliance. The

Committee will have to also monitor compliance with the

directions issued by this Court as regards payment of

compensation to all categories of victims.

23. In the affidavit of the State Government, a stand has been

taken that compensation has been paid to those whose

houses/stalls/huts were damaged or destroyed. Reliance is

placed on the first Government Resolution. The Resolution

provided for giving following assistance:

“Financial relief to the victims of bomb blasts in Mumbai city and Mumbai suburbs on and after 12 th March 1993.

1. Distress relief: ­ Every destitute person Rs. 250/­.

2. Grant for reconstruction of hut: ­ For each house of destroyed hut: According to the extent of damage caused to the hut Rs.5000/­ whichever is less, grant should be given.

3. Renovation of houses: ­ For renovation of residential house, along with subsidy of Rs.5,000/­ and loan of Rs.10,000/­, a maximum of Rs.15,000/­ financial support.

4. Repair of Houses: ­ for the sake of house repairs, Rs.6000/­ and Loan of Rs.5000/­, it means, grant of up to Rs.11000/­ maximum.

5. For destroyed stall and shops: ­ for Destroyed stalls, amount should be given as subsidy equal to the cost of damage or a maximum of Rs.5000/­. 28

6. Assistance for ‘burnt carts’: ­ to the hand cart owners, whose carts have been destroyed by fire should be given a subsidy of Rs.2500/­ each.

7. Compensation Amount of Rs.2 lakhs grant to relatives of deceased persons:

8. A grant of Rs.25,000/­ to a person with permanent disability.

9. To give subsidy of Rs.10,000/­to a person with temporary physical disability.

10. Assistance of Rs.5000/­ for admitted more than

24 hours in any private Hospital.

11. Medical aid for less than 24 hours hospitalization will be Rs.1000/­ or the exact expresses of the hospital which will less, will be given as assistance.

12. Rs.25,000/­ financial assistance to the Taxi owners whose vehicle is totally burnt.

13. To the surviving Rickshaw owners, Rs.13,000/­ whose rickshaw is totally burnt.”

24. In the earlier affidavit of compliance of Shri Amitabh Gupta,

the State Government has not taken a stand that compensation

in terms of the first Government Resolution was paid to all the

victims of the 1992 and 1993 riots who were eligible to receive

the same. The State Government was under an obligation to pay

compensation to the eligible victims within a reasonable period

which can be taken as period of six months from the dates of the

respective Government Resolutions. Therefore, the Committee

29 will have to peruse the records to ascertain whether

compensation was paid to all eligible persons. The Committee

shall ensure that compensation is paid in terms of the first

Government Resolution to various categories of victims of the

1992 and 1993 riots. After examining records, if it is revealed

that some of the victims have not been paid compensation, the

Committee formed as above, will have to ensure that

compensation is paid to the victims in terms of the first

Government Resolution by the State Government. The interest

will have to be paid to such victims who have not been paid

compensation at the rate of 9% from the expiry of the period of

six months from the date of the first Government Resolution till

the date of payment of the compensation amount.

25. Even as regards the payment of compensation of Rs.2 lakhs

to the legal heirs of 108 missing persons, the State Government

will have to pay interest at the rate of 9% from the expiry of the

period of six months from 22nd July 1998 when the second

Government Resolution was issued.

26. Though as per the order dated 30 th August 2022, the State

Government was expected to give details about the time lag

30 between the date of the incident and the date of payment of

compensation, the State Government has avoided to furnish the

material particulars and only a vague statement has been made

that compensation was paid in terms of both the Government

Resolutions between 1992 and 2010. This statement shows that

there was considerable delay in disbursing the compensation

amount. The State Government will have to provide all the

details expected to be furnished in terms of the order dated 30th

August 2022 to the Committee. The Committee will find out the

cases where there has been a delay of more than six months in

making payment of compensation in terms of the first or the

second Government Resolutions, as the case may be. Interest at

the rate of 9% from the date of expiry of the period of six months

from the dates of the relevant applicable Government Resolution

till the date of actual payment will have to be paid by the State

Government. The Committee will have to decide the issue of

entitlement to interest in terms of these directions. We cannot

allow the victims to suffer only because there was a delay in the

disposal of this writ petition. The Committee can always take the

help of the Para Legal Volunteers to reach the persons who have

31 been deprived of compensation and to render assistance to them

to comply with the formalities.

27. Shri Colin Gonsalves, the learned senior counsel made a

fervent plea for enhancing the quantum of compensation on the

ground that the same was inadequate. The quantum of

compensation has been fixed way back in the years 1993 in the

context of the then prevailing situation. There is no prayer made

for enhancement of compensation in this writ petition of the year

2001. Therefore, it may not be appropriate to accede to the

prayer for grant enhancement after such a long passage of time.

28. Hence, we dispose of the petition by passing the following

order.

i. There shall be a Committee headed by the Member

Secretary of MSLSA to monitor the implementation of

the directions issued by this Judgment. The State

Government shall appoint a Revenue Officer, not below

the rank of Deputy Collector, and a Police Officer, not

below the rank of Assistant Commissioner of Police, who

shall be the other two members of the Committee;

32 ii. The State Government shall submit to the Committee a

report containing details of 168 missing persons

including their names and addresses. The State

Government will also place material regarding efforts

made to trace family members of 108 missing persons

who have been deprived of compensation in terms of the

second Government Resolution. The State Government

shall make all possible efforts to trace the legal

heirs/family members of the missing persons. The

Committee shall monitor this exercise. The Committee

shall assist the legal representatives of the missing

persons to complete the procedural formalities;

iii. The State Government shall also submit to the

Committee the record relating to compensation paid in

terms of the Annexure to the First Government

Resolution as well as in terms of the second

Government Resolution by incorporating the specific

dates on which the compensation was actually paid to

the persons entitled to it. The State Government shall

also provide a list of victims who have not been paid

33 compensation in terms of both the Government

Resolutions;

iv. The State Government shall pay compensation of Rs.2

lakhs to the legal heirs of the missing persons traced

out hereafter, with interest at the rate of 9% per annum

from 22nd January 1999 i.e. from the expiry of the period

of six months from the date of the second Government

Resolution, till actual payment;

v. The Committee consisting of the Secretary of MSLSA

and the other two Government Officers appointed under

this order, shall monitor the efforts of the State

Government to trace other victims who were entitled to

compensation in terms of the Annexure to the first

Government Resolution but compensation was not paid

to them. The victims identified hereafter shall also be

paid the compensation with interest at the rate of 9%

per annum from 8th January 1994 i.e. from the expiry of

the period of six months from the date of the First

Government Resolution, till actual payment;

34 vi. To those who were paid compensation after the expiry of

the period of six months from the date of the applicable

Government Resolution, the State Government shall pay

interest at the rate of 9% per annum on the amount of

the compensation payable from the expiry of the period

of six months from the date of the applicable

Government Resolution till the date of payment. This

direction will apply to those who have received

compensation before the date of this Judgment. The

Committee, after examining the record, shall furnish to

the State Government the details of the victims who are

entitled to receive interest as above;

vii. The State Government shall comply with the

requirement of submitting necessary details as

aforesaid to the Committee within a period of two

months from today. Appointment of the two officers, as

directed above, shall be made within a period of one

month from today. Both the Government Officers shall

coordinate with concerned Departments and ensure

that necessary details, as directed by the Committee,

35 are furnished to the Committee within the specified time

of two months;

viii. The entire exercise of payment of compensation and/or

interest shall be completed by the State Government

within a period of nine months from today. The State

Government shall report compliance made from time to

time to the Committee. A detailed report containing

details of the compliance of the directions as aforesaid

shall be filed by the Secretary of MSLSA with this Court

within a period of ten months from today;

ix. The Committee shall seek necessary guidance from the

Executive Chairperson of MSLSA for implementation of

the directions issued by this order. The Committee shall

be entitled to seek the assistance of Para Legal

volunteers;

x. The State Government shall provide details of the only

pending riot related criminal case before the Sessions

Court at Mumbai to the Registrar General of the

Bombay High Court who shall bring it to the notice of

36 the concerned Court that the case needs to be disposed

of at the earliest;

xi. The State Government shall provide details of 97 cases

on dormant files to the Registrar General of the Bombay

High Court within one month from today. On receipt of

the details, the High Court on the Administrative side

shall issue necessary communication to the concerned

Courts in which the cases are pending to take necessary

steps to trace the accused. The State Government shall

immediately constitute a Special Cell to trace the

absconding /missing accused in these cases and to

assist the concerned Courts so that the Trial can

proceed against them; and

xii. The State Government shall expeditiously implement all

the recommendations made by the Commission on the

issue of reforms in the police force which were accepted

by it.

37

29. Writ Petition is disposed of with the above directions. A copy

of this judgment shall be forwarded to the Member Secretary of

MSLSA.

…....…………………J. (Sanjay Kishan Kaul)

…….…………………J. (Abhay S. Oka)

…….…………………J. (Vikram Nath) New Delhi;

November 4, 2022.

38