Page No.# 1/7 GAHC010012682024 2025:GAU-AS:3242-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : PIL/7/2024 SANDEEP CHAMARIA S/O LATE SHIWA KUMAR CHAMARIA, CHAMARIA SADAN, KALIPUR, CHAKRESWAR PATH, RIVER SIDE, KAMAKHYA, GUWAHATI, KAMRUP (M), PIN-781009, ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED HEREIN BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT, GOVERNMENT OF ASSAM, ASSAM SECRETARIAT, CM BLOCK, SECOND FLOOR, DISPUR, GUWAHATI, PIN-781006, KAMRUP (M), ASSAM 2:DEPARTMENT OF FINANCE REPRESENTED HEREIN BY ITS ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT 3RD FLOOR CHIEF MINISTERS BLOCK JANATA BHAWAN DISPUR GUWAHATI PIN-781006 KAMRUP (M) ASSAM 3:ASSAM STATE LEGAL SERVICES AUTHORITY REPRESENTED HEREIN BY ITS MEMBER SECRETARY OFFICE OF THE ASSAM STATE LEGAL SERVICES AUTHORITY GAUHATI HIGH COURT OLD BUILDING LATASIL GUWAHATI PIN-781001 KAMRUP (M) ASSA Advocate for the Petitioner : PETITIONER IN PERSON, Advocate for the Respondent : GA, ASSAM, SC, ASLSA,SC, FINANCE Page No.# 2/7 BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 24.03.2025 (Vijay Bishnoi, CJ) Heard Mr. Sandeep Chamaria, petitioner-in-person. Also heard Mr. D. K. Sarmah, learned Addl. Senior Government Advocate, Assam, appearing on behalf of respondent No. 1; Mr. B. Gogoi, learned standing counsel, Finance Department, appearing on behalf of respondent No. 2; and Ms. R. S. Chowdhury, learned standing counsel, Assam State Legal Services Authority, appearing on behalf of respondent No. 3. The instant PIL petition has been filed by the petitioner with a prayer to issue the following directions to the respondents, herein: “1. A writ of Mandamus should not be issued directing the respondent No. (1) and (2) to do the needful to immediately release of all the outstanding amount due from the year 2012 to 2023 for payment to the victims under the Assam Victim Compensation Scheme, 2012 with appropriate rate chargeable thereon. of Interest 2. A writ of Mandamus should not be issued directing the respondent No. (2) to do the needful to arrange "Separate head for Victim Compensation Scheme" in aid of respondent No. (1) under the respective financial year Budget to allocate sufficient funds for regular release of such funds to the victims entitled under Assam Victim Compensation Scheme, 2012 to the respondent No. (3). 3. A writ of Mandamus should not be issued directing the respondent No. (1) and (2) to prompt release of the all requisite funds under Assam Victim Compensation Scheme, 2012 to the respective District legal Service authorities for release of funds to the victims within specified time limit as indicated under the scheme. 4. A writ of Mandamus should not be issued directing the respondent No. (3) to issue direction and monitor all the District legal Service authorities of Assam to urgent disposal of all the Cases pending under the said scheme and further fixed the accountability to the respective concerned authority for its delay disbursement. Page No.# 3/7 5. A writ of Mandamus should not be issued to Constitute a Committee, comprising of the representative of the all respondents which is to be headed by one of the Hon'ble Sitting Judge of Hon'ble Gauahti High Court for monitoring the free flow of funds as well as compliances of the such schemes in real terms.” Considering the importance of the issue raised in this PIL petition, this Court has passed several orders from time to time, directing the State Government to release the fund under the Assam Victim Compensation Scheme, 2012, so that the Assam State Legal Services Authority, may disburse it to the victims expeditiously. On 10.02.2025, a statement was made on behalf of the Finance Department, Government of Assam, that out of Rs. 44 crores due amount under the Assam Victim Compensation Scheme, 2012, upto the month of February, 2024; an amount of Rs. 25 crores has already been released and if the amount of Rs. 9 crores released previously is included with the amount of Rs. 25 crores, it comes to Rs. 34 crores. This Court taking into consideration the above fact, vide order, dated 10.02.2025, has directed the learned counsels for the Home & Political Department, Government of Assam, as well as the Finance Department, Government of Assam, to apprise this Court about the release of remaining Rs. 10 crores due upto the month of February, 2024, under the Assam Victim Compensation Scheme, 2012. Vide the said order, dated 10.02.2025, Mr. Sarmah, learned Addl. Senior Government Advocate, Assam, was also directed to clarify regarding the plan of the State Government to tackle the claim which may arise within the financial year ending on 31st of March, 2025. Page No.# 4/7 In response to the above, Mr. Sarmah, learned Addl. Senior Government Advocate, Assam, has today furnished the response received from the Government of Assam, Home & Political Department, vide letter, dated 13.03.2025, wherein, it was stated that the total actual pending liability as of February, 2024, was Rs. 8,69,19,544/- and a fresh liabilities after February, 2024, was of Rs. 15,58,29,569.20. It was further stated in the said letter, dated 13.03.2025, that an amount of Rs. 7,01,68,013.42 is in balance in the victim compensation fund with the Assam State Legal Services Authority, and therefore, a total of Rs. 17,77,33,599.78 is required to clear the past liabilities before the month of February, 2024, and after February, 2024, as on 13th of March, 2025. It was further informed by the authority vide the said letter, dated 13.03.2025, that a budget provision for an amount of Rs. 18 crores has been kept in the concerned Head of Account for the financial year 2025-2026 for implementation of the Assam Victim Compensation Scheme, 2012. The letter, dated 13.03.2025, of the Government of Assam, Political Department(A), being relevant, is reproduced hereinbelow, for ready reference: “GOVERNMENT OF ASSAM POLITICAL (A) DEPARTMENT :: DISPUR 2nd Floor, I Block, Assam Secretariat, Dispur, Guwahati-6 Telefax No. 0361-2261421 :: Email: home.assam@gov.in ---------------------------------------- eCF No.445809/434 From : Shri Pallav Jyoti Nath, ACS Deputy Secretary to the Govt. of Assam Page No.# 5/7 Home & Political Department. To : Shri D.K. Sarmah, Addl. Sr. Govt. Advocate, Assam Gauhati High Court, Guwahati-1. Sub : PIL No 7/2024 (Sandeep Chamaria-Vs-The State of Assam and Ors). Ref. : Your letter No. ADDL/SRDA/DKS/25/1821 dated 24/01/2025. Sir, With reference to your letter on the subject cited above, I am directed to forward herewith a copy of letter No.ASLSA 205/2019/P-2/356 dated 13/03/2025 along with enclosures received from Member Secretary, Assam State Legal Services Authority wherein it is stated that the total actual pending liability as of February, 2024 is Rs.8,69,19,544/- only and fresh liabilities after February, 2024 is Rs.15.58,29,569.20/-. Hence, the total amount required to clear these claims is Rs.24,27,49,113.20/-. However, an amount of Rs.7,01,68,013.42/- is balance in the victim compensation fund under Assam State Legal Services Authority. Therefore a total of Rs.17.77,33,599.78/- is required to clear the past liabilities before Feb, 2024 and after Feb, 2024 as on 13/03/2025. Further, it is to inform you that budget provision for an amount of Rs. 18 Cr has been kept in the H/A-2070-00-105-6347-000-32-01-SOPD-G-GA-V for the FY 2025-26 for implementation of Assam Victim Compensation Scheme, 2012. This is for favour of your kind information and necessary action. Enclo: As stated above. Yours faithfully. Signed by Pallav Jyoti Nath Date : 13-03-2025 19:03:15 Deputy Secretary to the Govt. of Assam Home & Political Department.” Ms. Chowdhury, learned standing counsel, Assam State Legal Services Authority, has not disputed the above facts placed on record by the Department concerned through the above-referred letter. At this stage, Mr. Chamaria, petitioner-in-person, has raised a concern that since the year 2019, the victim compensation amount has not been enhanced by the State of Assam though in some of the States of the country; the victim compensation amount has been enhanced substantially. Page No.# 6/7 Mr. Chamaria, petitioner-in-person, has, therefore, prayed that a direction be issued to the State authorities to enhance the victim compensation amount, reasonably. Having heard the learned counsels appearing for the parties at length and after taking into consideration the facts as stated by the Department concerned vide the letter, dated 13.03.2025, as quoted hereinabove; we are of the considered view that insofar as regarding providing the fund under the Assam Victim Compensation Scheme, 2012, is concerned, the State Government has provided sufficient fund for disbursing it to the victims. Hence, no further order is required to be passed in this regard, in the present PIL petition. However, it is made clear that though the State Government has already made a budget provision of Rs. 18 crores for the financial year 2025-2026, for implementation of the Assam Victim Compensation Scheme, 2012, but, if any further demand is raised on behalf of the Assam State Legal Services Authority for providing more funds as per the requirement; it is expected that the State Government shall consider and provide the requisite fund for effective implementation of the Assam Victim Compensation Scheme, 2012, expeditiously. Insofar as the contention of Mr. Chamaria, petitioner-in-person, for enhancement of the victim compensation amount is concerned, we expect that the State Government shall ponder over the said issue and after taking into consideration the fact that some of the States of the country have been stated to have enhanced the victim compensation amount, will take a call on this issue objectively and expeditiously. Page No.# 7/7 With the above, the instant PIL petition accordingly stands disposed of. JUDGE CHIEF JUSTICE Comparing Assistant