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2004 Supreme(Jhk) 887

Jharkhand High Court
S.J.Mukhopadhaya, J.
Md.Mulla Ansari @ Devruddin Ansari - Appellant
Versus
State Of Jharkhand - Respondent
WP(C) No. 85 Of 2003
Decided On : 26 August, 2004

Headnote:Constitution of India – Article 21 – payment of compensation to vietims of communal rights – less amount paid than what was promised by State Govt. – direction to pay further amount to the each of the family members of the victims – application allowed (paras 5 to 10)

ORDER

S.J. Mukhopadhaya, J.

1. This writ petition has been preferred by three petitioners, named above, for Issuance of an appropriate writ/order/direction to the respondents to pay them the entire compensation amount, due to them on account of loss suffered by them in respect of their family members, namely Manjar Alam. Mustafa Ansari and Sujia Khatoon, who became the victims of the rioting mob, which took place on 20t.h/21st March, 2000 in village Rajpura, and died.

2. From the facts, as pleaded by the petitioners and not disputed by the respondents, it appears that a riot took place on 20th/21st March, 2000 in Rajpura Village within Godda Police Station. Godda on the day of Holi festival. The mob, consisting of two to three thousand people of a particular community, entered into the minority (Muslim) locality, while dancing and enjoying on the street. Suddenly there was a confrontation between the two communities, which resulted into violence, riot and destructions, all around. The mob of two to three thousand people of a particular community, having armed, entered in the houses of minority community and started destruction, causing deaths of a number of persons of both the communities. On the written information of Shri Mahesh Kumar Santhalia. Circle Officer, Godda. who was on duty on the day and was the incharge of Law and Order of the area, an FIR being Godda (M) PS Case No. 95 of 2000 was registered. In the said riot. which took place on 20th/21st March. 2000, Mustafa Ansari son of petitioner No. 1, namely, Md. Mulla Ansari @ Devruddin Ansari and Manjar Alam son of petitioner No. 2, namely, Md. Salimuddin Ansari, were brutally murdered by the rioting mob, which was affirmed by the dead body challan of the police dated 20th March, 2000. The post mortem of Manjar Alam and Mustafa Ansari also suggest that they have been brutally murdered with the aid of deadly sharp cutting weapons. Ms Sujia- Khatoon, daughter of petitioner No. 3, Bara Kudus Ansari, aged about six years, was also brutally injured by the rioting mob, by use of sharp cutting weapons. The wife of petitioner No. 3, namely, Bibi Dhani, lodged an FIR on 24th March, 2000, while serving her daughter in the hospital, being Godda (M) PS Case No. 99 of 2000. Sujia Khatoon succumbed to her injuries in the hospital on 26th March, 2000.

3. According to the petitioners, the State Government promised that the family of each of the victims shall be paid a sum of Rs. L,00,000/- towards compensation amount on account of the loss of their family members. However, the State Government paid only a sum of Rs. 20.000/- to each of the members of the family of the deceased, with an assurance that the rest of the amount will be paid immediately. The grievance of the petitioners is that the respondent State has not paid any further amount thereafter.

4. The respondents initially took plea that the family members of the victims are entitled for a sum of Rs. 20,000/- towards compensation in terms of the Govt. Circular No. A/N-Pol. 1701 dated 21st September, 1987 and they have already been paid as per the aforesaid circular. This Court directed the Commissioner- cum-Home Secretary. Government of Jharkhand, to bring to the notice of the Court the recent circular, stated to have been issued by the Stale Government and to inform the Court the amount of compensation, as is being paid to the communal riot victims in other State.

5. It appears that the Deputy Commissioner vide letter No. 162, dated 12th March. 2001 requested the State to release a sum of Rs. 8,52,000/- under the following heads : 1. Compensation 5 x Rs. l,00,000/- Amount : = Rs. 5,00,000/-

(@)Rs. 1,00,000/- per deceased. 2. Compensation 76 x Rs. 2,000/- toward the damages = Rs. 1,52,000/- caused to the House @ Rs. 2,000/- Hold Articles : each. 3. Expenses towards Rs. 1,00,000/- free aid to each family of the victims for one week and camp for two weeks : Emergency expenses Rs. 1,00,000/- and fuel :

Total Rs. 8,52,000/-

6. This letter s






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