Patna High Court
Anjum Pravin Aka Anjum Bibi Aka ... vs The Bihar State Legal Services ... on 17 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15721 of 2021
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Anjum Pravin aka Anjum Bibi aka Anjum Khan wife of Alimuddin resident
of 120ka, ward no. 17, Police Station- Bhabua, District- Bhabua, Kaimur
... ... Petitioner/s
Versus
1. The Bihar State Legal Services Authority through its Secretary, Budh Marg,
Opp. Museum, Central Revenue Colony, Lodipur, Patna, Bihar 800001
2. The Chairman, District Legal Services Authority, Bhabua, Kaimur
3. The Secretary, District Legal Services Authority, Bhabua, Kaimur
4. The State of Bihar through Home Department (Police Branch), Old
Secretariat, Patna- 800 001.
5. The Additional Secretary, Home Department (Police Branch), Old
Secretariat, Patna- 800 001.
6. The Superintendent of Police, Bhabua, Kaimur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Abhishek Kumar
For the Respondent/s : Mr. P. K. Verma (AAG 3), Sr. Advocate
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL JUDGMENT
Date : 17-11-2021
Heard Mr. Abhishek Kumar, learned counsel for the
petitioner and Mr. P.K. Verma, learned A.A.G. 3 for the State.
2. Pursuant to the order dated 28-10-2021 of this Court,
Mr. Prahlad Kumar, Registrar, Bihar State Legal Services
Authority, Mr. Sampuranand Tiwari, learned District & Sessions
Judge-cum-Chairman, DLSA, Kaimur at Bhabua and Mr. Sumit
Ranjan, learned Secretary, DLSA, Kaimur at Bhabua (i.e.
respondent nos. 1, 2 & 3) are present in Court.
3. The petitioner is aggrieved by the letter dated 05-04-
2021 issued by the Secretary, District Legal Services Authority,
Bhabua, Kaimur (for brevity "DLSA") whereby the claim of the
Patna High Court CWJC No.15721 of 2021 dt.17-11-2021
petitioner for grant of compensation under the Compensation
Scheme for Women Victims / Survivors of Sexual Assault / Other
Crimes, 2019 (for brevity "Scheme, 2019") has been rejected.
4. The petitioner is the mother of a person namely, Vicky
Khan, who was killed by the criminals and his dead body was
found in the morning of 20-11-2019. An F.I.R. was lodged bearing
Bhabua P.S. Case No. 706 of 2019 under Section 302 and 120(B)
of the I.P.C. against the persons named in the First Information
Report.
5. Learned counsel for the petitioner submits that
petitioner being the victim of the crime inasmuch her son was
brutally killed by the criminals had filed a claim application under
Scheme, 2019. He further submits that the Secretary of the DLSA
under Clause 6 of the Scheme, 2019 is the competent authority to
decide the claim of compensation of the victim lady but by the
impugned order Criminal Injury Compensation Board, Kaimur
(hereinafter referred to as "the Board") has decided the claim of
the petitioner and has wrongly held that the claim for
compensation submitted by the petitioner will be taken into
consideration after disposal of the trial.
6. Submission is that the petitioner is covered under the
Scheme, 2019 but the impugned order has been passed by the
Patna High Court CWJC No.15721 of 2021 dt.17-11-2021
Board constituted under the Scheme, 2014. The order is without
jurisdiction inasmuch as the claim application of the petitioner
ought to have been decided by the Secretary, DLSA, Bhabua,
Kaimur under the Scheme, 2019.
7. Mr. Verma, learned senior counsel for the State as
well as learned Secretary, DLSA, Bhabhua, Kaimur (who appears
in person) jointly submit that the claim of the petitioner filed under
Scheme, 2019 is not applicable / maintainable and the same is
covered under 2014 Scheme.
8. Having heard learned counsel for the parties and
taking into consideration the rival submissions, I find that the
petitioner / victim has filed the claim under the provisions of
Scheme, 2019 but from the impugned letter it appears that
Secretary, DLSA, Bhabua, Kaimur has not decided the claim under
the Scheme, 2019 and instead the same has been decided by the
Board. It also appears from the impugned order that the issue of
applicability of the Scheme under which the claim of the petitioner
falls has not been decided.
9. Accordingly, in my opinion if the claim of the
petitioner has been filed under the Scheme, 2019 the same ought to
have been decided by the Secretary, DLSA, Bhabua, Kaimur under
Patna High Court CWJC No.15721 of 2021 dt.17-11-2021
Clause 6 of Scheme, 2019 and not by the Board under 2014
Scheme.
10. Accordingly, the impugned letter dated 05.04.2021
is hereby quashed.
11. The respondent no. 3 / Secretary, DLSA, Bhabua,
Kaimur is directed to decide one way or the other the
compensation claim of the petitioner at Annexure-2 to the writ
petition in accordance with law within a period of four weeks from
the date of receipt / production of a copy of this order.
12. Physical presence of the officers who are present in
the Court pursuant to the order dated 28/10/2021 is hereby
dispensed with.
13. With the aforesaid observation and direction, the
present writ application is disposed of.
(Anil Kumar Sinha, J)
praful/-
AFR/NAFR AFR
CAV DATE NA
Uploading Date 24-11-2021
Transmission Date NA
