Delhi High Court
Shaan Mohd vs Gnctd & Ors. on 9 July, 2020
SINDHU KRISHNAKUMAR
13.07.2020 15:42
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 9th July, 2020
+ W.P.(C) 4025/2020 & CM APPLs.14432-33/2020
SHAAN MOHD ..... Petitioner
Through: Mr. Rajshekhar Rao, Advocate.
versus
GNCTD & ORS. ..... Respondents
Through: Mr. Devesh Singh, Addl. Standing
Counsel.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been done by video conferencing.
2. The present petition has been filed by a victim of the riots that took
place in North-East Delhi in February, 2020. The case of the Petitioner is
that he sustained a gun-shot injury on his leg during the riots and was
immediately treated in Jag Parvesh Hospital, Shastri Park. He has preferred
the writ petition seeking compensation in terms of the Delhi Government's
Assistance Scheme (hereinafter, 'Scheme').
3. It is the case of the Petitioner that despite repeated representations and
the fact that he has suffered a serious injury, the compensation amount is not
being released. The petition was listed on 8th July 2020, when notice was
issued. The stand of the GNCTD was that if the application is complete, then
the compensation application would be processed. Mr. Rajshekhar Rao had
then submitted that the SDM's office is currently not functioning due to the
lockdown. Accordingly, the following order was passed on 8 th July 2020.
Signature Not Verified
Digitally Signed
Signing Date:13.07.2020 14:58
"6. There is no doubt that the Petitioner has
suffered a serious injury. There is no reason for any
delay in releasing the compensation. Accordingly, it is
directed that the Petitioner's application may be
processed in accordance with the requisite procedure
and upon satisfaction, compensation in terms of the
Scheme shall be released to the Petitioner within a
period of ten days from today. If the SDM office finds
any deficiency in the Petitioner's application, the same
shall be communicated to the Petitioner by 10th July,
2020.
7. Ld. counsel for the Respondent to ascertain if the
SDM office is open and if the claims under the Scheme
are being entertained. Let this matter be listed for
directions on this aspect tomorrow, i.e. 9th July, 2020."
4. Mr. Devesh Singh, ld. ASC, GNCTD has obtained instructions from
the Sub-Divisional Magistrate (SDM), Seelampur. He submits that the SDM
office is functioning. He has also received a communication today from the
concerned SDM, that though the application filed by the Petitioner is
available on their record, the compensation could not be released as the
Medico-Legal Injury Register does not specify the nature of the injury as a
`serious injury'. Further the SDM has also communicated to learned counsel
that the previous budget for payment of ex-gratia to riot victims has lapsed
and fresh budget is being sought.
5. Mr. Rao, ld. counsel submits that the Petitioner is in severe financial
difficulty and also needs to avail of medicines etc. Mr. Devesh Singh, ld.
ASC submits that there is no provision for ex gratia payment even in the
case of serious injury or for any interim relief.
6. The Medico-Legal Case (MLC) documents have been issued by the
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Signing Date:13.07.2020 14:58
Jag Parvesh Chandra Hospital, Shastri Park, Delhi -110053 which is a
government hospital. The Scheme categorises injuries as `Minor Injury' and
`Serious Injury'. Though the MLC documents do not mention 'serious
injury' in the column 'Nature of Injury', a reading of the entire document
suggests that the injury is serious. A perusal of the Medico-Legal Injury
Register at page 54 of the record clearly shows that the injury is described as
"Gun shot entry one over left thigh". The Court has perused the MLC
documents and the photographs of the victim. Prima facie this Court is of
the opinion that the nature of injury suffered by the Petitioner is a serious
injury.
7. The reason therefore given by the SDM for non-release of
compensation does not appear to be justified, especially considering the fact
that the Delhi Government's Assistance Scheme clearly announces that for
serious injuries, Rs. 2,00,000/- is the amount that would be paid. The issue
of budget is not a question within the domain of this Court. Once the
Petitioner has suffered from a serious injury, the compensation under the
Scheme ought to be released to him within a reasonable time. The
communication sent by the SDM has now been handed over to Mr.
Rajshekhar Rao, ld. counsel for the Petitioner. He may revert with
instructions.
8. Considering that sufficient time has lapsed in this matter since the
incident which took place on 24th February, 2020 and the fact that the
lockdown on account of COVID-19 has resulted in enormous difficulties,
the GNCTD is directed to release a sum of Rs.50,000/- to the Petitioner as
ex gratia payment, within one week, in order to enable him to avail medical
facilities and medicines. The same would be adjusted in the final amount to
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Signing Date:13.07.2020 14:58
be released to the Petitioner, upon the nature of injury being certified.
9. Ld. counsels for the parties shall communicate this order to the
Medical Superintendent, Jag Parvesh Chandra Hospital, Shastri Park, Delhi-
110053. Registry to also ascertain the address and serve the order upon the
Medical Superintendent, Jag Parvesh Chandra Hospital. The Medical
Superintendent shall peruse the MLC documents and confirm the nature of
injury, in terms of the scheme "Delhi Government's Assistance Scheme for
the help of Riot Victims". Mr. Rajshekhar Rao, ld. counsel may also obtain
an independent opinion of any registered practitioner as to the nature of the
injury after perusing the MLC.
10. List on the date fixed i.e., 30th July, 2020.
PRATHIBA M. SINGH
JUDGE
JULY 09, 2020/dj/A
Corrected and released on 13th July, 2020
Signature Not Verified
Digitally Signed
Signing Date:13.07.2020 14:58
