Relief to terror victims state liability: HC

The PIL, filed by advocate Rajeshwar Panchal, claimed 724 people had died in terror attacks and blasts in Mumbai from 1993 till the Zaveri Bazaar blasts on July 13, 2011. It said the victims and their families had failed to get a “just compensation” from the respective state governments.

Terming the facts in the PIL as “very important”, Justices A S Oka and A S Chandurkar said, “Ultimately, life is taken away. Persons may get it (compensation) as it is their right. However, it cannot be ex-gratia. It is the liability of the state.”

The union government’s lawyers – R V Gowilkar and Som Sinha – told the court there was a Central Scheme for Assistance to Civilian Victims of Terrorist/ Communal/ Naxal violence that came into effect from April 1, 2008. They, however, conceded before the court that the PIL was in no way “adversarial”.

The key question before the court, however, was the quantum of compensation as raised in the PIL. “After every such dreadful and gory terror attack, the ministers concerned condemn the incidents. They make empty promises to prevent such incidents and eventually declare some ex-gratia, which is always a tiny amount for the victims and their family members, that too, as if they are obliging the victims,” the PIL stated.

On this, the court said that in cases of custodial deaths, the Supreme Court and High Courts have compensated victims by using the structured formula under the Motor Vehicle Act. “One (option) can be the structured formula under the MV Act. It is a matter of policy for the state,” said Justice Oka.

For compensation under the MV Act or Workmen Compensation Act, several factors like the victims’s life expectancy, monthly income, prospective raise in income, role in contributing to the family’s earnings, etc. are taken into consideration.

The PIL also urged the HC to declare that the Right to Life and Liberty under Article 21 of the Constitution includes right to secured life or the right to live with safety.

“The PIL raises a very important issue,” said Justice Oka, while directing the Central and state governments to file their replies within three weeks.

aamir.khan@expressindia.com