Victim compensation claims under the Odisha Victim Compensation Scheme must be evaluated independently, not based on previous judicial findings.

ORDER

23.06.2025 Order No.

01. 1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties. Perused the writ application as well as the documents annexed thereto.

3. The Petitioner has filed the present writ application with the following prayer:

“It is, therefore, prayed that this Hon’ble Court may graciously be pleased to admit this Writ application, issue notice to the opposite parties, call for the relevant records and after hearing the counsel for the parties, the impugned order dated 19.04.2025 be set aside with regard to the compensation petition and further the opposite parties be commanded to sanction the compensation to the victim/informant petitioner within a stipulated period in the interest of justice.

And further be pleased to pass any other order/order(s), direction/direction(s) as would be deemed fit and proper;”

4. Learned counsel for the Petitioner at the outset contended that the Petitioner who is a Victim had approached the competent authority for grant of victim compensation under the Odisha Victim Compensation Scheme , 2017. He further contended that the prayer of the Petitioner has been wrongly rejected by the learned Adhoc- A.D.J.-cum-F.T.S.C.-II, Cuttack vide order dated 19.04.2025. On perusal of the order dated 19.04.2025, it is observed that the learned court in seisin over the matter has rejected the application for victim compensation filed by the Victim and her mother-guardian on the ground that although summons were issued in both ways, however the same was not received by the Victim and her mother guardian. It is also observed from the aforesaid order that the Victim and her mother-guardian are not cooperative with the trial.

5. On a careful analysis of order dated 19.04.2025, this Court is of the view that the payment of victim compensation under the Odisha Victim Compensation Scheme , 2017 is not dependant on the findings given by the learned Court in the concluding paragraphs of its order dated 19.04.2025. The application of the Victim for payment of compensation should have been considered strictly in terms of the Odisha Victim Compensation Scheme , 2017.

6. Learned counsel for the State on the other hand contended that he will have no objection if this Court remands the matter for fresh consideration keeping in view the sensitivity of the matter.

7. Considering the submissions made by the learned counsels appearing for the respective parties, on a careful analysis of their submission and on a close scrutiny of the document annexed to the writ petition, further keeping in view the order dated 19.04.2025, this Court is of the view that the view taken by the court in seisin over the matter is unsustainable in law. Accordingly, the order dated 19.04.2025, to the extent the order has rejected the application of the Victim for compensation, is hereby set aside. Further, the matter is remanded back to the Opposite Party No.2, i.e., District Legal Service Authority, Cuttack to consider the application of the Victim for compensation on its own merit in terms of the Odisha Victim Compensation Scheme , 2017. Accordingly, the Petitioner is directed to approach the Opposite Party No.2 within ten days from today along with a copy of today’s order. In such eventuality, the Opposite Party No.2 shall do well to take a final decision in terms of the Odisha Victim Compensation Scheme , 2017 within six weeks from the date the Petitioner approaches the Opposite Party No.2. The final decision so taken be communicated to the Victim and her mother-

guardian thereafter.

8. With the aforesaid observations/directions, the writ application stands disposed of.