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Cracks the Whip: Home Secretary Summoned Over Stalled Mediator Fees and Victim Aid
In a stern rebuke to bureaucratic inertia, the has summoned the state's Home Secretary to appear personally on , over glaring delays in disbursing mediator fees and victim compensation. The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. expressed deep frustration in a writ petition (WP(C) No. 42844 of 2025) originally sparked by deficiencies in mediation centres across Kerala.
From Infrastructure Gaps to Payment Paralysis
The court initiated this public interest proceeding to tackle chronic issues plaguing mediation sub-centres: lack of permanent venues, privacy shortfalls, inadequate physical and digital setups, no online mediation facilities due to missing internet or video links, and chronic staff shortages. Earlier, the court formed a , with the Director of the as coordinator, to recommend fixes including infrastructure per a detailed list (Ext P3), support staff, and supplies.
But the focus shifted dramatically to finances. Reports highlight around Rs 10 lakh pending in mediation payments and questions over Rs 47 crore earmarked for victim compensation, including for sexual assault survivors. Not a single penny has moved despite prior assurances.
State's Promises Meet Courtroom Silence
At the hearing, state counsel assured urgent action on mediator fees and victim funds, promising updates. Yet, on March 12, progress was "unsatisfactory." The bench noted the Chief Justice had personally directed a government official—during an official meeting—to ensure the Home Secretary's presence, but the official stayed away.
Government pleas for more time to file an affidavit were rebuffed. The court orally warned of
if dues aren't cleared by Monday, underscoring:
"What is the use of deliberation when the amount is not paid… We want the officer to be present here on Monday."
No formal arguments from petitioners exist in this case, but respondents—including the (Chief Secretary and Home Department), ( ), Law Secretary, Registrar (District Judiciary), , and mediation centre director—faced pointed queries on compliance failures.
Bench Draws a Line on Judicial Frustration
Without citing specific precedents, the bench emphasized enforcement of its prior directions, highlighting administrative lapses undermining efficacy. The order pivots from infrastructure to fiscal accountability, signaling courts' intolerance for delays in judicially mandated social justice measures like victim compensation schemes.
Key Observations
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"In view of the unsatisfactory progress with regard to the payment of the fees of the Mediator and the victim compensation till date, we direct the Home Secretary to be personally present on
and file an affidavit explaining the delay in not complying with our direction."
– Core operative order (Soumen Sen, C.J. & Syam Kumar V.M., J.) -
"Not a single penny has been paid. What is the point of these deliberations if the amounts are not being disbursed."
– Oral remark reflecting court's exasperation.
Deadline Looms: Contempt on the Horizon?
The Home Secretary must appear on , with a detailing affidavit. This directive not only pressures immediate payouts but reinforces the High Court's oversight role in ensuring functional mediation ecosystems and victim redress. Failure could trigger contempt, setting a precedent for personal accountability in PIL compliance. For mediation centres vital to Kerala's justice delivery, this could unlock long-pending funds, but only if the state acts swiftly.
