The verdict has been reserved by the Supreme Court in a petition that seeks implementation of the Justice Srikrishna Commission report filed which indicated that many police officers and certain leaders of the Shiv Sena were related to the 1992 Mumbai riots.
A Bench of Justice Sanjay Kishan Kaul, Justice Abhay S Oka and Justice Vikram Nath has asked the State of Maharashtra to file an affidavit for the detailed compensation provided to the victims of the riots within two weeks. The details sought are:
“a) Have the 168 victims, who were reported missing from the list of 900 victims were identified?If yes then the proof of the same and if not then the reason.
b) Has the compensation has been paid to the legal heirs of the people reported missing;
c) What is the reference to the compensation paid to heirs of victims;
d) If there has been any compensation paid for the loss of property;
e) When was compensation paid, timeline between incident and compensation paid.”
The details were asked by the Court when it was hearing a petition filed by a body called Action Committee for Implementation of Sri Krishna Report in 1998.
Senior Advocate Colin Gonsalves who appeared for the petitioner emphasised that in cases where police officers are the subject of an investigation, the case must not be probed by the same agency. He also added that prosecution should never be by the same agency to look for their own members.
Advocate Colin also added that in case of communal riots,a proactive legal aid system must be there to ensure that proper representation is given to the victims.
He submitted “In all these cases in communal riots…the legal aid system is completely defunct. The victims suffer the most terrible assaults. The legal aid system never comes to their assistance.”
The senior counsel added that the compensation provided to the victims was merely 2 lakhs which was inadequate specially taking into consideration the delay in payment Finally, requested the Court to consider this aspect, as this can still be compensated for undoing the injustice .
He said “2 lakhs as compensation shocks the conscience. This is something we can undo. Pay them compensation which is befitting for matters like this, where people have lost all hope.”
Post the submission, the Court has asked the Government of the state to provide Court with details of the compensation while reserving the order.