SHILLONG: The High Court of Meghalaya has asked the state government to pay Rs 9 lakh as compensation to the family of a victim, who was torched by goons during the Inner Line Permit (ILP) related agitation in 2013.
The court also asked the authorities not to press for recovery of the medical expenses from the salary of the petitioner.
In a recent order, the single bench headed by Justice SR Sen said the compensation to the family should be paid within two months.
The court was hearing a petition filed by Sanjay Das whose father died during the agitation.
In November, 2013, when Meghalaya witnessed a movement for the implementation of Inner Line permit (ILP), the father of the petitioner, late Bisheswar Das was a victim of arson, having been subjected to physical attack by way of being burnt with petrol.
The father of the petitioner succumbed to his burn injuries at NEMCARE Hospital, Guwahati, where he was being treated.
The state government had taken the liability to bear all the financial expenses.
The father of the petitioner succumbed to the injuries on December 4, 2013 at Guwahati.
On October 24, 2014, officials of the office of the deputy commissioner, East Khasi Hills District visited the mother of the petitioner and handed over two cheques amounting to Rs 1 lakh and Rs 5,38,297.
The mother of the petitioner was never informed that the cheque of Rs 5,38,297 was to be paid to NEMCARE Hospital, while handing over the same.
Sometime in February 2017, the petitioner was called by the office of the Deputy Commissioner and to his utter shock, he was directed to return Rs 5,38,297 or pay the same to NEMCARE Hospital.
The petitioner, on expressing inability to return the amount, immediately volunteered to pay the amount on a monthly installment basis at the rate of Rs 5000 and then the deputy commissioner directed the Commandant of the Home Guards to deduct Rs 20,000 per month from the salary of the petitioner, who was employed as a Guardsman, Border Wing Home Guard Battalion.
He draws a monthly salary of less than Rs 28,000 and has 6 dependants.
According to the petitioner, the deduction of Rs 20,000 per month will subject him and his family to dire financial constraints for survival and the directive issued by the deputy commission is bad in law, arbitrary and against the principles of natural justice.
The senior counsel for the petitioner submitted that the ex-gratia payment made to the petitioner is inadequate.
He also submitted that the income of the petitioner is hardly Rs 20,000 and it is very difficult to survive with this amount as the petitioner had also lost his shop.
On the other hand, the state counsel submitted that the ex-gratia payment of Rs 1 lakh to the victim’s family was sufficient because in addition to that, Rs 5,38,297 was given for medical expenses.
After hearing the submissions made by the counsels for the parties, Justice Sen said he was not inclined to accept the submission made by the state counsel.
“I have also given an opportunity to the state to rethink and settle the matter by giving proper compensation vide my order dated 14-11-2018. However, nothing concrete has come up”, the court said.
Justice Sen, taking into consideration the fact that the victim died for no fault of his as he was sitting in his shop and some goons or miscreants came, poured petrol and set fire to the victim, made it clear that ‘to maintain law and order is the sacred duty of the government and they are to secure safety to each and every citizen of this country’.
According to the court, the state government just cannot wash their hands by giving Rs 1 lakh only and some medical expenses.
“Therefore, considering the principle of natural justice, principle of welfare state and considering the fact that the victim died due to law and order problem caused by some miscreants, his family members should not suffer. It is appropriate that the government should pay Rs 10 lakh, minus Rs 1 lakh which was already paid and the medical expense which was given is to be waived off.
