Bombay High Court
Daulatbi Mohd. Hussain Khan And 2 ... vs State Of Maharashtra And 4 Ors on 25 October, 2021
Bench: Prasanna B. Varale, Madhav J. Jamdar
77.WP.962.2016.doc
UMESH IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHRINIWAS ORDINARY ORIGINAL CIVIL JURISDICTION
MALANI
Digitally signed by
UMESH
WRIT PETITION NO. 962 OF 2016
SHRINIWAS
MALANI
Daulatbi Mohd. Hussain Khan and Ors. ...Petitioners
Date: 2021.10.26
10:37:03 +0530
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
INTERIM APPLICATION NO. 2022 OF 2020
IN
WRIT PETITION NO. 962 OF 2016
Daulatbi Mohd. Hussain Khan and Ors. ...Applicants
IN THE MATTER BETWEEN
Daulatbi Mohd. Hussain Khan and Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
***
Adv. Anu C. Kaladharan a/w Adv. Anjali Neel Helekar for the Petitioners.
Mr. S.B. Gore, AGP for Respondent - State.
***
CORAM : PRASANNA B. VARALE &
MADHAV J. JAMDAR, JJ
DATE : OCTOBER 25, 2021.
PER COURT :
1. Heard learned Counsel for the Petitioners.
Umesh Malani Page 1 of 4
77.WP.962.2016.doc
2. Our attention was invited to the order of this Court dated
December 19, 2016 as well as to the judgment and order of this Court passed
in Writ Petition (Stamp) No. 6115 of 2021, dated October 04, 2021.
3. It may not be necessary for us to refer to the facts in detail at this
stage, suffice it to say that, the Petitioners are the victims of the acid attack and
are entitled for the compensation in view of the judgment and order of the
Hon'ble the Apex Court, the scheme floated by the State Government as well
as the scheme initiated by the NALSA.
4. The Division bench of this Court, in the order dated December
19, 2016, in clear and unambiguous words was pleased to observe that, "it is
an obligation of the State to compensate the victim of acid attack in as much
as acid attack on a woman is a gross violation of her fundamental rights
guaranteed under Article 21 of the Constitution of India. It is an obligation of
the State Government to compensate the victim of acid attack for violation of
her fundamental rights and for this reason the compensation cannot be
restricted to Rs. 3 lacs". It is further observed by the Division bench that, "in
fact, as per the orders of the Apex Court, the minimum amount of Rs. 3 lacs is
prescribed for acid attack victims. Unfortunately, the State has treated the
same as maximum amount as seen from the schedule to the aforesaid
notification dated 11th April, 2014".
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77.WP.962.2016.doc
5. The Division bench in its order dated October 04, 2021 in Writ
Petition (Stamp) No. 6115 of 2021 was pleased to direct the State Government
to pay the Petitioners sum of Rs. 10,00,000/- within a stipulated period of 3
months and there are other directions also and they form the clause 'b', same
reads thus:
b. Respondent No. 2 i.e., Secretary of Mumbai District Legal
Services Authority shall-
(i) either by himself or through para-legal volunteer shall
assist the petitioner in availing all other benefits, such
as, disability registration, further compensation in
terms of NALSA Scheme, Prime Minister's Relief Fund
and Central Victim Compensation Fund Guidelines,
2016;
6. The grievance of the Petitioners is, the Petitioners were subjected
to surgical treatment and expenses incurred for the treatment is referred to in
Exhibit 'D', page 279 of the Petition. Admittedly, surgical expenses incurred
by the Petitioners namely, Daulatbi Mohd. Hussain Khan, Saira Bano Irfan
Baig and Reshma Aslam Kazi is much more than the amount of Rs.
3,00,000/-. It is also submitted before us that the Petitioners required an
follow up treatment post the surgical treatment as such, the Petitioners have to
bear this additional financial burden apart from the surgical expenses.
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77.WP.962.2016.doc
7. As the issue relates to providing financial assistance too firstly, a
weaker section in general i.e. women and secondly, the victims of acid attack
in particular, we expect a positive response from the State Government. We
also hope and trust that in such cases a progressive State as claimed the State of
Maharashtra may not put the riders of financial burden in providing necessary
financial assistance to such acid attack victim.
8. As it is submitted before this Court, through learned AGP, that
the learned Advocate General is not available today in this Court and prayed
for an adjournment, we post the Petition on 28th October, 2021, first on board.
We further make it clear that, in case, on the next scheduled date if request is
made for an adjournment, this Court may pass interim orders including
direction to the State Government for payment as an interim compensation.
(MADHAV J. JAMDAR, J.) (PRASANNA B. VARALE, J.)
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