Page No.# 1/5 GAHC010015912026 2026:GAU-AS:2147 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/733/2026 ELOWARA AHMED W/O LATE SHURPAN ALI, R/O VILL. GAREMARI GAON, P.O. PALHAJI, P.S. BARPETA, DIST. BARPETA, ASSAM, PIN 781309 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT., DISPUR, GUWAHATI 06 2:THE ASSAM STATE LEGAL SERVICES AUTHORITY REPRESENTED BY ITS MEMBER/SECRETARY GAUHATI HIGH COURT OLD BUILDING GUWAHATI DIST.- KAMRUP (METRO) ASSAM PIN- 781001 3:THE DISTRICT LEGAL SERVICES AUTHORITY BARPETA REPRESENTED BY ITS MEMBER/SECRETARY P.O. AND P.S.-BARPETA DIST.- BARPETA ASSAM PIN- 781301 4:THE OFFICER-IN-CHARGE BARPETA POLICE STATION Page No.# 2/5 P.O.- BARPETA DIST.- BARPETA ASSAM PIN- 78130 For the Petitioner(s) : Mr. S.I. Akand, Advocate For the Respondent(s) : Mr. R. Chauhan, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 13.02.2026 1. The instant writ petition has been filed challenging the inaction on the part of the Respondent Authorities to grant compensation to the Petitioners in terms with the Assam Victim Compensation Scheme, 2012 (hereinafter referred to as “the Scheme of 2012”) as well as the notifications issued on 18.10.2012 and 01.02.2019. 2. The Petitioner herein claims to be the wife of one Late Shurpan Ali. As stated in the writ petition that Late Shurpan Ali was murdered on 09.10.2021 as alleged in the instant writ petition. In that respect, a case was registered being Barpeta P.S. Case No.2191/2021 under Section 120(B)/147/148//447/325/379/302 of the Indian Penal Code. 3. The Petitioner thereupon filed an application on 22.10.2025 Page No.# 3/5 before the Member/Secretary of the Assam State Legal Services Authority, Guwahati, inter alia, seeking grant of financial assistance to the dependants of the deceased under the provisions of the Assam Victim Compensation Scheme, 2012. Upon the said application so filed, the Member/Secretary of the Assam State Legal Services Authority forwarded the said application to the Secretary, District Legal Services Authority, Barpeta to take necessary steps for providing legal aid assistance in the matter. However as nothing was done thereafter, the Petitioner has therefore approached this Court under Article 226 of the Constitution of India seeking a direction upon the Respondent Authorities to grant compensation to the Petitioner as per the Scheme of 2012. 4. This Court has duly perused the materials on record and also taken note of the respective submissions of the learned counsels. This Court has also duly taken note of the Scheme of 2012 and more particularly, to Clauses 4 and 5 of the said Scheme which stipulates eligibility for compensation as well as the procedure for grant of compensation. On the basis of the facts as mentioned in the writ petition, it appears that the Petitioner would come within the ambit of Clause 4.1 of the Scheme of 2012 subject to verification, as to whether, the Petitioner is actually the wife of Late Shurpan Ali. This Court Page No.# 4/5 also finds it relevant to observe that the detail procedure has been set out in Clause No.5. This Court further finds it relevant to take note of the notification dated 01.02.2019 wherein the minimum compensation to be paid is Rs.5,00,000/- (Five Lakhs) on account of death. Under such circumstances, this Court therefore disposes of the instant writ petition directing the Respondent No.3 i.e. the District Legal Services Authority, Barpeta to make verification as to whether the Petitioner is the dependent of Late Shurpan Ali who expired on 09.10.2021. Upon making such verification if it is found that the Petitioner is the dependent of Late Shurpan Ali, then in terms with Clause 5 of the Scheme of 2012 as well as the notification dated 01.02.2019 award compensation to the Petitioner. The said exercise be completed within a period of 2 (two) months from the date a certified copy of this order is served upon the Respondent No.3. The Respondent No.1 also be communicated with the award forthwith by the Respondent No.3. 5. This Court also finds it relevant taking into account various documents placed on record wherein it shows that on account of non-releasing of funds, the compensation under the Scheme of 2012 had not been disbursed to others. Be that as it may, this Court cannot be unmindful of the fact that upon the death of the husband, the Petitioner has been put into a penurious Page No.# 5/5 state and as such, it is the duty in terms with the Scheme of 2012 as well as the notification so issued by the Government of Assam to release the compensation at the earliest. 6. Accordingly, this Court therefore directs the Commissioner and Secretary to the Government of Assam, Home and Political Department to release the funds in the circumstance an award is passed in favour of the Petitioner by the Respondent No.3 within a period of 2 (two) months from the date the award is communicated to the Commissioner and Secretary to the Government of Assam, Home and Political Department by the Respondent No.3. The Respondent No.3 is directed to submit the compliance report to the directions so passed hereinabove within 2 (two) months from the date a certified copy of the instant order is served upon the Respondent No.3. 7. With above observations and directions, the instant writ petition stands disposed of. JUDGE Comparing Assistant