As per the case facts, Mumbai experienced severe mob violence, communal tension, riots, and serial bomb blasts, resulting in significant loss of life and property. A Commission of Inquiry was ...
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO.182 OF 2001
Shakeel Ahmed … Petitioner
v.
Union of India & Ors. ... Respondents
J U D G M E N T
ABHAY S. OKA, J.
FACTUAL ASPECTS
1.The city of Mumbai had a torrid time from 6
th
December 1992
till 12
th
March 1993. Mumbai witnessed perhaps the worst mob
frenzy, violence, communal tension and riots from 6
th
December
1992 to 10
th
December 1992 and from 6
th
January 1993 to 20
th
January 1993. There were many incidents of arson and violence
resulting in a largescale loss of lives and damage to properties.
The Police resorted to firing at many places. Ultimately, Army was
1
called to aid the civil administration. Thereafter, the situation was
gradually brought under control. When the citizens of Mumbai
were about to breathe a sigh of relief, there were serial bomb blasts
in various parts of the city on 12
th
March 1993. In December 1992
and January 1993, there were about 900 deaths, 168 persons were
reported missing and about 2036 persons suffered injuries. As a
result of the serial bomb blasts of 12
th
March 1993, there were 257
deaths and 1400 people were injured.
2.The Government of Maharashtra by a notification dated 25
th
January 1993 constituted a Commission under the Commissions
of Inquiry Act, 1952 (for short, ‘the 1952 Act’) headed by Hon’ble
Shri Justice B.N. Srikrishna, the then sitting Judge of the High
Court of Judicature at Bombay, who subsequently retired as a
Judge of this Court. The Terms of Reference of the Commission
were as under:
“(i)The circumstances, events and immediate
causes of the incidents which occurred in the
Bombay Police Commissionerate area in
December 1992 on or after the 6
th
December
1992 and, again in January 1993, on or after
the 6
th
January 1993;
(ii)Whether any individual or group of
individuals or any other organizations, were
2
responsible for such events and
circumstances;
(iii)The adequacy or otherwise of the
precautionary and preventive measures, taken
by the Police preceding the aforesaid
incidents;
(iv)Whether the steps taken by the Police in
controlling the riots were adequate and proper
and whether the Police firing resulting in
deaths was justified or not; and
(v)The measures, long and short term, which are
required to be taken by the administration to
avoid recurrence of such incidents, to secure
communal harmony and also to suggest
improvements in law and order machinery.”
3.Subsequently, the Terms of Reference of the Commission
were expanded by the State Government and the following
additional terms were incorporated:
“(vi)The circumstances and the immediate cause of
the incidents commonly known as the serial
bombblasts of the 12
th
March 1993, which
occurred in the Bombay Police
Commissionerate area;
(vii)Whether the incidents referred to in term (i),
have any common link with the incidents
referred to in term (vi) above; and
(viii)Whether the incidents referred to in term (i) and
in term (vi) were part of a common design.”
By a notification dated 23
rd
January 1996, the State Government
disbanded the Commission on a very strange ground that there
was an inordinate delay on the part of the Commission in
3
submitting its report. As noted in the report of the Commission,
the then Hon’ble Prime Minister requested the Chief Minister of
Maharashtra to revive the Commission and that is how it was
revived by the notification dated 28
th
May 1996. The Commission
submitted its report on 16
th
February 1998 which consisted of
two volumes. VolumeI contained the conclusions and
recommendations of the Commission. Volume II contained a
summary of the evidence recorded and analysis of the evidence.
4.The present petition invokes the jurisdiction of this Court
under Article 32 of the Constitution of India. There are five
substantive prayers made in the petition, which read thus:
“i.Declare that an enquiry conducted under the
Commission of Enquiry Act, 1952, would
tantamount to an Inquiry within the meaning
of Article 311 [2] of the Constitution of India;
ii.Declare that a public servant found
guilty/indicted under the Commission of
Enquiry Act, 1952 be liable to be summarily
dismissed; and
iii.Issue a Writ, Order or Direction in the nature
of Mandamus and/or like nature directing the
RespondentState to accept and act on the
finding of the Sri Krishna Commission of
Enquiry; and
iv.Issue a Writ, Direction or Order in the nature
of Mandamus and or like nature directing the
4
RespondentState of Maharashtra that
SUMMARY cases be reopened and action
taken in accordance with the
recommendations of the Sri Krishna
Commission Report;
v.Direct Respondents to pay compensation to the
persons identified as MISSING and the cases
concerning them to be closed;”
The Recommendations of Justice
B. N. Srikrishna Commission and
the Response of the State
Government
5.The entire petition revolves around the issue of
implementation of the recommendations of the Commission. The
recommendations which are relevant for deciding this petition
can be summarized as under:
i.Based on the study conducted by a committee of
experts of Tata Institute of Social Sciences appointed
by the Commission which dealt with the immediate
causes of the riots, the Commission opined that the
causes were political, socioeconomic and
demographic;
ii.The precautionary and preventive measures taken by
the Police preceding the incidents of riots were
inadequate. The intelligence machinery of the Police did
not give information in good time about the possible
5
damage to the Babri Maszid. Moreover, there was no
effort made to make an accurate assessment of the
situation, which could arise due to possible damage to
the Babri Maszid. The Intelligence Department failed to
gather crucial information about the closed door
meetings held by the two different religious groups,
which were found responsible for the riots;
iii.The Police machinery proved to be inadequate to deal
with the situation. Moreover, the Police were
hopelessly outnumbered as the strength of the Police
staff was inadequate even to handle daytoday
problems;
iv.The Commission found that there was a failure to
register crimes by the Police. There was a delay in
registering crimes. The investigation was carried out
in an arbitrary and casual manner;
v.There was a delay in the disposal of criminal cases
concerning riotrelated offences;
vi.There was a lot of political interference in the
functioning of the Police machinery;
6
vii.The commission concluded that the Police officials
named in paragraph 1.30 of VolumeI of its report,
were found actively participating in riots, communal
incidents and incidents of looting, arson, etc. The
Commission recommended the initiation of disciplinary
action against the said Police officials;
viii.The Commission noted that the members of the police
force were lacking physical fitness. The Commission
recorded that long and arduous working hours leave
them no time for physical exercises. The Commission
recommended that strict standards of physical fitness
be enforced; and
ix.The Commission recommended improvement of
conditions of work of the Police and also recommended
that proper housing facilities be provided to the police.
6.The State Government issued a Memorandum of action to
be taken by the Government on the report of the Commission (for
short, ‘the Memorandum’). Most of the recommendations were
accepted by the State Government. The action proposed by the
State Government was incorporated in the Memorandum. The
7
response of the State Government to some of the relevant
recommendations reads thus:
i.The State Government noted that the Police have
classified a large number of offences relating to riots in
‘A’ Summary (true but undetected). The Government
decided to appoint a committee comprising Officers
from Home Department, Law Department and senior
Police Officers to scrutinize all ‘A’ Summary cases and
carry out reinvestigation, wherever warranted;
ii.Instructions would be issued to the Police Department
to ensure effective and speedy trials in offences
relating to riots;
iii. The State Government has decided to pay
compensation to the victims of the riots and violence;
iv.The State Government has decided to initiate
disciplinary proceedings against the erring police
officials; and
v.The State Government assured to improve the
conditions in which the police force was working.
8
The State Government did not agree with some of the
conclusions drawn by the Commission especially its findings on
the causes of the riots/violence. But, the Government agreed to
act upon majority of recommendations.
7.There are affidavits filed by both sides. The affidavits filed
on the side of the petitioner make a grievance about the failure of
the State Government to implement the recommendations of the
Commission and also the failure to bring the offenders to book.
Rival Submissions
8.Shri Colin Gonsalves, the learned senior counsel
representing the petitioner, submitted that as can be seen from
the affidavits on record, the action taken by the State
Government on the recommendations of the Commission is
merely an eyewash. He pointed out that the Police Officials who
were found guilty of serious misconduct by the Commission were
let off either by exonerating them or by imposing very minor
penalties. He pointed out that almost all the prosecutions ended
either in discharge of the accused or in acquittal. He made a
grievance that the Legal Services Authorities constituted at the
State and the District levels, failed to render assistance to the
9
victims of the offence and/or to the legal heirs of the victims of
the offence, as the case may be. Legal assistance was not
provided to the victims or legal heirs of the victims for challenging
the orders of discharge or acquittal and for filing proceedings for
recovery of compensation. As a result, the victims got no relief
from the State machinery and even from the judiciary. He also
submitted that meagre compensation of Rs.2 lakhs was paid to
the legal heirs of those who lost lives in the riots. Moreover, there
was inordinate delay in making the payment of compensation.
Very few families of missing persons were paid compensation,
though, by legal fiction, the persons missing for more than seven
years are treated as dead. He would, therefore, submit that the
compensation deserves to be enhanced substantially and a
direction be issued to the State Government to ensure that
compensation is paid to every eligible victim/ his or her heirs. He
submitted that victims be provided interest to compensate them
for the delayed payment.
9.Shri Rahul Chitnis, the learned counsel representing the
State Government urged that there is no default on the part of
the State Government. He submitted that all efforts were made to
trace the family members of missing persons and compensation
10
was promptly paid to them. He submitted that disciplinary
proceedings were initiated against the Police Officers named by
the Commission and were taken to the logical end. He submitted
that it is too late in the day now for this Court to interfere and
issue directions to challenge the orders of acquittal or discharge.
He submitted that some such orders were unsuccessfully
challenged before the higher forum. His submission is that with
the passage of time, no directions are warranted in this petition.
Consideration of Submissions
10.We have given careful consideration to the submissions.
During the course of the submissions, the first two prayers were
not seriously pressed by the learned senior counsel for the
petitioner. The recommendations of a Commission appointed
under the 1952 Act cannot bind the Government. The Courts
cannot compel the Government to act upon the report. But, once
the Government accepts the recommendations, a Writ Court can
issue a mandamus for the implementation of the
recommendations as it becomes an obligation of the Government
to implement the recommendations. A perusal of the affidavits
filed in this petition as well as connected petitions which were
disposed of by the order dated 30
th
August 2022, shows that
11
while the State Government disputed most of the conclusions
drawn by the Commission regarding the causes of the riots, most
of the recommendations regarding taking corrective measures
were accepted as can be seen from the Memorandum filed by the
State Government. We are conscious of the fact that the
recommendations of the Commission were submitted more than
24 years back and most of the trials and disciplinary inquiries
have been concluded more than 20 years back. Nevertheless, we
are dealing with submissions canvassed across the Bar.
Action Against Erring Police Officials
11.Firstly, we will deal with the conduct of disciplinary
proceedings against the erring police officials as recommended by
the Commission. The details thereof are found in the Affidavit
dated 13
th
March 2020 of Shri Amitabh Gupta, the Principal
Secretary, Home Department, Government of Maharashtra. In
terms of the recommendations of the Commission, FIRs were
registered against nine police officials. Two of them were
discharged and seven were acquitted. The complainants/victims
filed revision applications against orders of discharge dated 16
th
April 2003 of two officials. The revision applications were
dismissed. The matters were carried to this Court by way of
12
Special Leave Petitions, which were dismissed on 4
th
July 2011.
In the case of six police officials, orders of acquittal were passed
on 18
th
November 2005, and one officer was acquitted by an
order dated 9
th
September 2014. These orders of acquittal were
not challenged. Out of nine police officials, seven have already
been superannuated. The State Government has not stated the
reasons for not questioning the orders of acquittal. The State
should have been vigilant and proactive in these cases. Now it is
too late in the day to direct the State to examine whether the
orders of acquittal deserve to be challenged.
12.Now, coming to the disciplinary inquiry initiated against
various police officials, we find that one official was dismissed
from service. One official was made to compulsorily retire by way
of punishment. On nine other police officials, minor penalties
have been imposed. Out of the said nine police officials, against
whom minor penalties were imposed, eight officials have already
retired from service. Eight other police officials were exonerated.
Out of them, five officials have since retired. Inquiry against one
police official was dropped as he died during the pendency of the
inquiry. In view of long passage of time, as far as the disciplinary
action is concerned, now in the year 2022, it will be inappropriate
13
to go into the question of the validity of the orders passed by the
disciplinary authorities and the adequacy of the penalties
imposed. In any case, in a writ petition in the nature of a Public
Interest Litigation, a Writ Court should not normally interfere
with disciplinary proceedings.
Riot Related Criminal Cases
13.The affidavit discloses the details of the fate of 253 riot
related criminal cases. The outcome of these cases can be
summarized as under:
ConvictedAcquittedAbated
Cases
found
unrelated
to riots
Pending
Cases in
Sessions
Court
Cases on
dormant
files.
6 114 1 34 1 97
It is noted in the affidavit that the High Court of Judicature at
Bombay had nominated two learned Sessions Judges and two
learned Metropolitan Magistrates as the Special Courts for
dealing with criminal cases relating to the violence in December
1992 and January 1993. The affidavit discloses that one case is
still pending in the Sessions Court. We propose to direct the
14
Sessions Court to dispose of the pending case at the earliest.
Ninetyseven cases are on dormant files. The reason must be that
either the accused therein are not traceable or are absconding.
The High Court, on the administrative side, must issue
appropriate directions to the concerned Courts in which these
cases are pending. The High Court must ensure that the
concerned Courts take appropriate steps for tracing the accused.
The State Government will have to set up a special cell for tracing
the accused.
Failure To Provide Legal Aid To The Victims
14.Shri Colin Gonsalves, the learned senior counsel made a
grievance that the victims of the offences ought to have been
provided legal aid by the State and the District Legal Services
Authorities established under the Legal Services Authorities Act,
1987 (for short, ‘the 1987 Act’) for challenging the orders of
acquittal. His grievance was that the Legal Services Authorities
have not performed their duty. Though no directions can be
issued at this stage to grant legal aid, nevertheless, we are
examining the legal contentions.
15.Section 12 of the 1987 Act lays down the criteria for giving
legal services which reads thus:
15
“12. Criteria for giving legal services — Every
person who has to file or defend a case shall be
entitled to legal services under this Act if that
person is—
(a) a member of a Scheduled Caste or Scheduled
Tribe;
(b) a victim of trafficking in human beings or
begar as referred to in article 23 of the
Constitution;
(c) a woman or a child;
(d) a person with disability as defined in clause (i)
of section 2 of the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full
Participation) Act, 1995 (1 of 1996);
(e) a person under circumstances of
underserved want such as being a victim of a
mass disaster, ethnic, violence, caste atrocity,
flood, drought, earthquake or industrial
disaster; or
(f) an industrial workman; or
(g) in custody, including custody in a protective
home within the meaning of clause (g) of section 2
of the Immoral Traffic (Prevention) Act, 1956 (104
of 1956), or in a juvenile home within the meaning
of clause (j) of section 2 of the Juvenile Justice
Act, 1986 (53 of 1986), or in a psychiatric hospital
or psychiatric nursing home within the meaning
of clause (g) of section 2 of the Mental Health Act,
1987 (14 of 1987); or
(h) in receipt of annual income less than rupees
nine thousand or such other higher amount as
may be prescribed by the State Government, if the
case is before a court other than the Supreme
Court, and less than rupees twelve thousand or
16
such other higher amount as may be prescribed
by the Central Government, if the case is before
the Supreme Court.”
(emphasis added)
16.Under Clause (e) of Section 12 of the 1987 Act, a person
who is subjected to ethnic violence, is entitled to legal services
under the 1987 Act. The meaning of the adjective “ethnic”
according to MerriamWebster dictionary is “of or relating to
large groups of people classed according to common racial,
national, tribal, religious, linguistic, or cultural origin or
background”. The term “ethnic” can be narrowly construed as
including solely “linguistic” or “racial” groups. If it is given a
broad meaning, it will include religion, tribe and caste in group
distinction. Looking at the conclusions in the report of the
Commission and the response to the recommendations of the
State Government in the form of the Memorandum, there is no
manner of doubt that communal disharmony between two
religious groups was one of the main causes of the riots and
violence. There are enough indications in both documents that
there was tension between the two religious groups which is one
of the major causes of the incidents of violence. Considering the
object of the 1987 Act, a broad meaning will have to be assigned
17
to the word “ethnic” for the purposes of considering the
entitlement to grant of legal aid. Therefore, these incidents of
December 1992 and January 1993 are the incidents of ethnic
violence within the meaning of clause (e) of Subsection (1) of
Section 12 of the 1987 Act. Hence, on an application being made
by the victims of the offence or their legal heirs, legal services
could have been provided to them by appointing advocates, who
could have assisted the Criminal Courts in terms of subSection
(2) of Section 301 of the Code of Criminal Procedure, 1973 (for
short, ‘Cr.P.C.’) during the course of trials. Legal services could
have been provided to the victims to challenge the orders of
acquittal. But we must remember that those were the early days
of the Legal Services Authorities. With the passage of time, the
Legal Services Authorities right from the Taluka level to national
level, have expanded their activities for effectively rendering legal
services. Now multiple activities are being conducted by the Legal
Services Authorities at various levels. The scope of legal services
has been considerably widened during the last few decades.
During the pandemic of COVID 19, these authorities reached the
poor and needy by providing assistance to them. We hope and
trust that after 75 years of independence, riotlike situations will
18
never arise. Unfortunately, if such situations arise, we are sure
that the Legal Services Authorities at various levels will come to
the rescue of the victims of violence and render legal services to
them, keeping in mind the spirit of Section 12 of the 1987 Act.
Now, it is too late in the day to direct the Legal Services
Authorities to render legal aid to the victims of the 1992 and
1993 riots for challenging the orders of acquittal.
Failure To Make Proper Investigation
17.One of the grievances of the petitioner was that in large
number of riots related offences, a proper investigation was not
carried out and therefore, about 1371 cases were closed by
classifying as ‘A’ Summary (true but undetected). The affidavit of
Shri Amitabh Gupta notes that the State Government had
appointed a Committee under the chairmanship of the Director
General of Police to scrutinize all cases which were classified as
‘A’ Summary. In terms of the directions of the Committee,
reinvestigation was carried out in 112 cases under the
supervision of the Officers of the rank of Deputy Commissioner of
Police. Out of the 112 cases, 104 were again classified as ‘A’
Summary. In the remaining eight cases, charge sheets were filed.
Out of the eight cases, seven cases resulted in acquittal, and in
19
one case, where the offence was compoundable, the case was
compounded.
Recommendation on Police Reforms
18.The Commission in its report has made several suggestions
for reinforcing and improving Police Force. The recommendations
are very wide and cover many aspects. The Commission
recommended that professionalism needs to be introduced in the
Police Force. The Commission has laid emphasis on the training
and physical fitness of the members of the Police Force. The
Commission suggested improvements in the weaponry held by
the Police Force. The Commission also suggested vast
improvements in the communication systems of the Police. There
is also a recommendation made to stop political interference in
the daytoday functioning of the police. We may note here that
with the passage of time and with the advancement of
technology, there has been a considerable improvement in the
communication systems used by the Police. The Commission’s
suggestion of setting up Rapid Action Squads has been
implemented. The Commission suggested that various steps
should be taken to boost the morale of the Police Force, such as
providing proper housing facilities to them, reducing political
20
interference in the daytoday functioning of the Police Force, etc.
The Memorandum of the Government records that most of these
recommendations have been accepted by the State Government.
But what remains is the implementation part. The State
Government cannot ignore the recommendations made by the
Commission for the improvement and modernization of the Police
Force and the recommendations shall continue to guide the State
Government.
Compensation to Victims
19.That takes us to the crucial issue of payment of
compensation to the victims of the riots. We have already noted
that whether due to the violence or police firing, 900 people lost
their lives and 2036 people got injured in December 1992 and
January 1993.
20.Article 21 of the Constitution of India confers a right on
every citizen to live with human dignity. Article 21 encompasses
into itself the right to live a meaningful and dignified life. All the
aspects of life which make a person live with human dignity, are
covered by the word ‘life’ used in Article 21 of the Constitution of
India. If the citizens are forced to live in an atmosphere of
21
communal tension, it affects their right to life guaranteed by
Article 21. The violence witnessed by Mumbai in December 1992
and January 1993 adversely affected the right of the residents of
the affected areas to lead dignified and meaningful life. It cannot
be disputed that certain groups were responsible for the large
scale violence in December 1992 and January 1993. There was a
failure on the part of the State Government to maintain law and
order and to protect the rights of the people guaranteed under
Article 21 of the Constitution of India. As noted earlier, 900
persons died and more than 2000 persons were injured. The
houses, places of business and properties of the citizens were
destroyed. These are all violations of their rights guaranteed
under Article 21 of the Constitution of India. One of the root
causes of their suffering was the failure of the State Government
to maintain law and order. Therefore, the affected persons had a
right to seek compensation from the State Government. Though
belatedly, by a Government Resolution dated 8
th
July 1993 (the
first Government Resolution), a decision was taken to give
financial assistance to the persons affected due to riots in
December 1992 and January 1993 as well as due to the serial
bomb blasts in the city of Mumbai. Nearly five and a half years
22
after the incidents of riots, the Government Resolution dated 22
nd
July 1998 (the second Government Resolution) was issued,
providing for giving compensation of Rs.2 Lakhs to the legal heirs
of the missing persons. The eligibility criteria and procedure for
disbursement were laid down in the second Government
Resolution.
21.The affidavit of Shri Amitabh Gupta dated 13
th
March 2020
notes that 900 persons died in the riots and 168 persons were
reported missing. He claimed that compensation has been paid
to the legal heirs of all 900 dead persons and family members of
60 missing persons. A direction was issued by this Court on 30
th
August 2022, directing the State Government to disclose the
details of the compensation paid to the victims. It is necessary to
quote the aforesaid order dated 30
th
August 2022 of this Court,
which reads thus:
“….We have heard learned counsel for parties.
In order to deal with all the aspects raised by
learned counsel for the petitioner, more
specifically the aspect of compensation, we require
a better explanation of exhibitB at page 26 of the
affidavit filed by the State of Maharashtra dated
13.3.2020. We would require information as
under:
23
(i) Whether the figure of 168 persons who are
stated to be missing form a part of the 900
number of victims identified;
(ii)Whether any compensation has been paid to
the legal heirs of the persons who have been
found missing;
(iii) What is the reference to the compensation
paid to heirs of victims;
(iv) Whether any compensation has been paid for
loss of property;
(v) When was these compensations paid i.e. the
time lag between the date of the incident and
the compensation being made.
An affidavit be filed in terms aforesaid within two
weeks.
Arguments concluded.
Judgment reserved.”
(emphasis added)
The State Government by the affidavit of Shri Mangesh
Manjabhau Shinde, Joint Secretary of the Home Department
purported to comply with the above directions. The response of
the State Government in the affidavit of Shri Mangesh
Manjabhau Shinde reads thus:
“(i) Whether the figure of 168 persons who are
stated to be missing form a part of the 900
number of victims identified.
24
Reply – The total number of missing persons is
168 which is not the part of total 900 victims.
(ii) Whether any compensation has been paid to
the legal heirs of the persons who have been
found missing;
ReplyThe total compensation Rs.1,19,00,000/
paid to the legal heirs of the 60 missing
persons. The compensation to the legal heirs
of the remaining missing persons has not yet
been given for the reasons that the legal heirs
were not found, residential addresses were not
found, undertaking not submitted by the legal
heirs, police case is registered against the
missing person, etc.
(iii) What is the reference to the compensation
paid to heirs of victims;
Reply – The compensation to legal heirs of victims
and the compensation for the loss of property is
given with reference to the Government
Resolution, dated 08.07.1993. A true copy of the
Government Resolution dated 08.07.1993 is
annexed herewith and marked as AnnexureR2.
The compensation paid to the legal heirs of
missing persons is given with reference to the
Government Resolution, dated 22.07.1998. A true
copy of the Government Resolution dated
22.07.1998 is annexed herewith and marked as
AnnexureR3.
(iv) Whether any compensation has been paid for
loss of property;
Reply – Compensation for Rs.3,31,92,658/ has
been paid for loss of property. The bifurcation is
as below :
25
Sr.
No.
Subject
Cases in
which
compensa
tion paid
Total
Compensation
1.
Houses/
Stalls/ Huts
1575 Rs.73,50,000/
2.
Houses
found
damaged
2502 Rs.95,75,000/
3.
Stalls found
damaged
3699 Rs.1,41,29,458/
4.Others 538 Rs.21,38,200/
5.Total 8314 Rs.3,31,92,658/
(v) When was these compensations paid i.e. the
time lag between the date of the incident and the
compensation being made.
Reply – After the guidelines issued by GR dated
08/07/1993 and GR dated 22/07/1998, the
compensation was paid for over the period
from year 1992 to 2010 after thorough
scrutiny of the cases of compensation as per
the GR norms, from time to time.”
(emphasis added)
22.Under Section 108 of the Indian Evidence Act, 1872, there
is a presumption that if a person has not been heard of for seven
years or more by those who would naturally have heard of him if
he had been alive, such a person is presumed to be dead unless
the contrary is proved by the person who affirms it. It is in view of
the statutory presumption that the State Government has come
out with the scheme to pay compensation of Rs.2 lakhs to the
26
legal heirs/family members of the missing persons. Now, coming
to the missing persons, the family members of only 60 missing
persons have been paid compensation. As regards the family
members of remaining 108 missing persons, compensation was
not paid for various reasons, such as, the persons concerned
were not found, their residential addresses were not found,
undertakings were not submitted by them etc. The State
Government has not set out the efforts made to trace the family
members of the missing persons and to make sure that they
make compliance, such as the execution of the undertakings. We
propose to constitute a Committee headed by the Member
Secretary of the Maharashtra State Legal Services Authority (for
short, ‘MSLSA’), to look into the records relating to the remaining
108 missing persons. We propose to direct the State Government
to nominate a Revenue Officer, not below the rank of Deputy
Collector and a police officer not below the rank of Assistant
Commissioner of Police as the other two members of the
Committee. The Committee shall monitor the efforts made by the
State Government to trace the family members of missing
persons, whose addresses are not available and also to ensure
that those eligible persons who have not made procedural
27
compliances are assisted to make necessary compliance. The
Committee will have to also monitor compliance with the
directions issued by this Court as regards payment of
compensation to all categories of victims.
23.In the affidavit of the State Government, a stand has been
taken that compensation has been paid to those whose
houses/stalls/huts were damaged or destroyed. Reliance is
placed on the first Government Resolution. The Resolution
provided for giving following assistance:
“Financial relief to the victims of bomb blasts in
Mumbai city and Mumbai suburbs on and after 12
th
March 1993.
1. Distress relief: Every destitute person Rs. 250/.
2. Grant for reconstruction of hut: For each house
of destroyed hut: According to the extent of damage
caused to the hut Rs.5000/ whichever is less, grant
should be given.
3. Renovation of houses: For renovation of
residential house, along with subsidy of Rs.5,000/
and loan of Rs.10,000/, a maximum of Rs.15,000/
financial support.
4. Repair of Houses: for the sake of house repairs,
Rs.6000/ and Loan of Rs.5000/, it means, grant of
up to Rs.11000/ maximum.
5. For destroyed stall and shops: for Destroyed
stalls, amount should be given as subsidy equal to
the cost of damage or a maximum of Rs.5000/.
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6. Assistance for ‘burnt carts’: to the hand cart
owners, whose carts have been destroyed by fire
should be given a subsidy of Rs.2500/ each.
7. Compensation Amount of Rs.2 lakhs grant to
relatives of deceased persons:
8. A grant of Rs.25,000/ to a person with
permanent disability.
9. To give subsidy of Rs.10,000/to a person with
temporary physical disability.
10. Assistance of Rs.5000/ for admitted more than
24 hours in any private Hospital.
11. Medical aid for less than 24 hours
hospitalization will be Rs.1000/ or the exact
expresses of the hospital which will less, will be
given as assistance.
12. Rs.25,000/ financial assistance to the Taxi
owners whose vehicle is totally burnt.
13. To the surviving Rickshaw owners, Rs.13,000/
whose rickshaw is totally burnt.”
24.In the earlier affidavit of compliance of Shri Amitabh Gupta,
the State Government has not taken a stand that compensation
in terms of the first Government Resolution was paid to all the
victims of the 1992 and 1993 riots who were eligible to receive
the same. The State Government was under an obligation to pay
compensation to the eligible victims within a reasonable period
which can be taken as period of six months from the dates of the
respective Government Resolutions. Therefore, the Committee
29
will have to peruse the records to ascertain whether
compensation was paid to all eligible persons. The Committee
shall ensure that compensation is paid in terms of the first
Government Resolution to various categories of victims of the
1992 and 1993 riots. After examining records, if it is revealed
that some of the victims have not been paid compensation, the
Committee formed as above, will have to ensure that
compensation is paid to the victims in terms of the first
Government Resolution by the State Government. The interest
will have to be paid to such victims who have not been paid
compensation at the rate of 9% from the expiry of the period of
six months from the date of the first Government Resolution till
the date of payment of the compensation amount.
25.Even as regards the payment of compensation of Rs.2 lakhs
to the legal heirs of 108 missing persons, the State Government
will have to pay interest at the rate of 9% from the expiry of the
period of six months from 22nd July 1998 when the second
Government Resolution was issued.
26.Though as per the order dated 30
th
August 2022, the State
Government was expected to give details about the time lag
30
between the date of the incident and the date of payment of
compensation, the State Government has avoided to furnish the
material particulars and only a vague statement has been made
that compensation was paid in terms of both the Government
Resolutions between 1992 and 2010. This statement shows that
there was considerable delay in disbursing the compensation
amount. The State Government will have to provide all the
details expected to be furnished in terms of the order dated 30th
August 2022 to the Committee. The Committee will find out the
cases where there has been a delay of more than six months in
making payment of compensation in terms of the first or the
second Government Resolutions, as the case may be. Interest at
the rate of 9% from the date of expiry of the period of six months
from the dates of the relevant applicable Government Resolution
till the date of actual payment will have to be paid by the State
Government. The Committee will have to decide the issue of
entitlement to interest in terms of these directions. We cannot
allow the victims to suffer only because there was a delay in the
disposal of this writ petition. The Committee can always take the
help of the Para Legal Volunteers to reach the persons who have
31
been deprived of compensation and to render assistance to them
to comply with the formalities.
27.Shri Colin Gonsalves, the learned senior counsel made a
fervent plea for enhancing the quantum of compensation on the
ground that the same was inadequate. The quantum of
compensation has been fixed way back in the years 1993 in the
context of the then prevailing situation. There is no prayer made
for enhancement of compensation in this writ petition of the year
2001. Therefore, it may not be appropriate to accede to the
prayer for grant enhancement after such a long passage of time.
28.Hence, we dispose of the petition by passing the following
order.
i.There shall be a Committee headed by the Member
Secretary of MSLSA to monitor the implementation of
the directions issued by this Judgment. The State
Government shall appoint a Revenue Officer, not below
the rank of Deputy Collector, and a Police Officer, not
below the rank of Assistant Commissioner of Police, who
shall be the other two members of the Committee;
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ii.The State Government shall submit to the Committee a
report containing details of 168 missing persons
including their names and addresses. The State
Government will also place material regarding efforts
made to trace family members of 108 missing persons
who have been deprived of compensation in terms of the
second Government Resolution. The State Government
shall make all possible efforts to trace the legal
heirs/family members of the missing persons. The
Committee shall monitor this exercise. The Committee
shall assist the legal representatives of the missing
persons to complete the procedural formalities;
iii.The State Government shall also submit to the
Committee the record relating to compensation paid in
terms of the Annexure to the First Government
Resolution as well as in terms of the second
Government Resolution by incorporating the specific
dates on which the compensation was actually paid to
the persons entitled to it. The State Government shall
also provide a list of victims who have not been paid
33
compensation in terms of both the Government
Resolutions;
iv.The State Government shall pay compensation of Rs.2
lakhs to the legal heirs of the missing persons traced
out hereafter, with interest at the rate of 9% per annum
from 22
nd
January 1999 i.e. from the expiry of the period
of six months from the date of the second Government
Resolution, till actual payment;
v.The Committee consisting of the Secretary of MSLSA
and the other two Government Officers appointed under
this order, shall monitor the efforts of the State
Government to trace other victims who were entitled to
compensation in terms of the Annexure to the first
Government Resolution but compensation was not paid
to them. The victims identified hereafter shall also be
paid the compensation with interest at the rate of 9%
per annum from 8
th
January 1994 i.e. from the expiry of
the period of six months from the date of the First
Government Resolution, till actual payment;
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vi.To those who were paid compensation after the expiry of
the period of six months from the date of the applicable
Government Resolution, the State Government shall pay
interest at the rate of 9% per annum on the amount of
the compensation payable from the expiry of the period
of six months from the date of the applicable
Government Resolution till the date of payment. This
direction will apply to those who have received
compensation before the date of this Judgment. The
Committee, after examining the record, shall furnish to
the State Government the details of the victims who are
entitled to receive interest as above;
vii.The State Government shall comply with the
requirement of submitting necessary details as
aforesaid to the Committee within a period of two
months from today. Appointment of the two officers, as
directed above, shall be made within a period of one
month from today. Both the Government Officers shall
coordinate with concerned Departments and ensure
that necessary details, as directed by the Committee,
35
are furnished to the Committee within the specified time
of two months;
viii.The entire exercise of payment of compensation and/or
interest shall be completed by the State Government
within a period of nine months from today. The State
Government shall report compliance made from time to
time to the Committee. A detailed report containing
details of the compliance of the directions as aforesaid
shall be filed by the Secretary of MSLSA with this Court
within a period of ten months from today;
ix.The Committee shall seek necessary guidance from the
Executive Chairperson of MSLSA for implementation of
the directions issued by this order. The Committee shall
be entitled to seek the assistance of Para Legal
volunteers;
x.The State Government shall provide details of the only
pending riot related criminal case before the Sessions
Court at Mumbai to the Registrar General of the
Bombay High Court who shall bring it to the notice of
36
the concerned Court that the case needs to be disposed
of at the earliest;
xi.The State Government shall provide details of 97 cases
on dormant files to the Registrar General of the Bombay
High Court within one month from today. On receipt of
the details, the High Court on the Administrative side
shall issue necessary communication to the concerned
Courts in which the cases are pending to take necessary
steps to trace the accused. The State Government shall
immediately constitute a Special Cell to trace the
absconding /missing accused in these cases and to
assist the concerned Courts so that the Trial can
proceed against them; and
xii.The State Government shall expeditiously implement all
the recommendations made by the Commission on the
issue of reforms in the police force which were accepted
by it.
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29.Writ Petition is disposed of with the above directions. A copy
of this judgment shall be forwarded to the Member Secretary of
MSLSA.
…....…………………J.
(Sanjay Kishan Kaul)
…….…………………J.
(Abhay S. Oka)
…….…………………J.
(Vikram Nath)
New Delhi;
November 4, 2022.
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