Guwahati, Sept. 2: The Supreme Court has declined to entertain a public interest litigation (PIL) seeking a comprehensive scheme for rehabilitation of the survivors of the 1983 Nellie massacre in Assam, as well as reassessment of compensation already awarded.
A two-Judge bench of the Court heard the matter and asked the petitioners to approach the High Court, considering the wider scope of Article 226 vis-a-vis Article 32 of the Constitution.
The advocate for the petitioners had submitted that a small amount of compensation was awarded to the survivors of the massacre.
However, the bench suggested that the petitioners withdraw their PIL and approach the High Court.
In response, the advocate said the petitioners are poor farmers and pointed to the time gap in the sequence of events. She also referred to the PIL Rules to argue that a PIL can be directly filed to the Supreme Court.
The counsel also relied on previous cases where despite pendency of issue of compensation, Article 32 petitions were filed before the Supreme Court.
However, the bench was not convinced to entertain the petition and dismissed it as withdrawn.
According to the petition, in 1983, organised armed groups entered Nellie in Assam’s Nagaon district and attacked villagers, causing death of nearly 2,000 persons.
The petitioners lost their family members and property in the incident and had subsequently received a token amount of Rs 5000 as compensation for each deceased family member. Two relatives of the petitioners, who suffered bullet injuries, received a sum of Rs1500 each.
The petitioners thereafter approached the Supreme Court seeking inter-alia “fair and adequate reparation” under Article 21 of the Constitution. They further sought setting up of a commission to re-assess and enhance the ex-gratia compensation awarded to the victims.
Additionally, the petitioners requested for housing, healthcare and educational facilities in the Nellie region with concessions for survivors and family members of victims.
