Summary
A 2001 public interest petition sought implementation of the Srikrishna Commission's report on the 1992-93 Mumbai riots, in which about 900 people died and 168 went missing. The Supreme Court held that a commission's recommendations do not bind the Government, but once accepted they can be enforced by mandamus. Too much time had passed to reopen unchallenged acquittals or disciplinary outcomes. The State had failed to maintain law and order and so violated victims' Article 21 rights, which entitled them to compensation. Riot victims qualify for legal aid as victims of "ethnic violence" under Section 12(e) of the 1987 Act. A committee headed by the MSLSA Member Secretary was set up to trace the heirs of 108 uncompensated missing persons and other unpaid victims, with 9% interest on delayed payments. Dormant cases were to be pursued.
Issues
- Whether the State could be directed to implement the recommendations of the Srikrishna Commission on the 1992-93 Mumbai riots, and to what extent relief could be granted after the long lapse of time.
- Whether riot victims were entitled to compensation for violation of Article 21 and to interest on delayed payment, and to legal aid under Section 12 of the Legal Services Authorities Act, 1987.
Provisions considered
- Recommendations of a commission, Commissions of Inquiry Act, 1952A commission's report does not bind the Government, but recommendations the Government accepts become its obligation and can be enforced by a writ of mandamus. (¶ 10)
- Article 21, Constitution of IndiaThe State's failure to maintain law and order during the riots violated residents' right to live with dignity, entitling the affected persons to compensation from the State. (¶ 20)
- Section 12(e), Legal Services Authorities Act, 1987'Ethnic violence' is read broadly to include religious group violence, so the riot victims were entitled to legal services, including assistance in trials and in challenging acquittals. (¶¶ 15, 16)
- Section 108, Indian Evidence Act, 1872The presumption of death after seven years unheard of underlay the Government's scheme to compensate the heirs of missing persons. (¶ 22)
- Section 301(2), Code of Criminal Procedure, 1973Advocates appointed as legal aid could have assisted the criminal courts during the riot trials. (¶ 16)
Held
- Given the lapse of over two decades, the Court declined to direct challenges to the unchallenged acquittals of police officials or to review disciplinary outcomes, observing that the State should have been more vigilant; a writ court in a PIL should not normally interfere with disciplinary proceedings. (¶¶ 11, 12)
- The pending riot case must be disposed of early, and for cases on dormant files the High Court must direct steps to trace the accused, with the State setting up a special cell for the purpose. (¶ 13)
- The riots were incidents of ethnic violence under Section 12(e), so legal aid could have been given to victims, though it was too late to direct it now for challenging acquittals. (¶ 16)
- Accepted police reform recommendations continue to bind the State and must be implemented. (¶ 18)
- The State was bound to pay compensation within six months of each Government Resolution; victims unpaid or paid late are entitled to 9% interest from the end of that period, and the heirs of 108 uncompensated missing persons must be traced, though enhancement of the quantum, not prayed for, was refused. (¶¶ 22, 24, 25, 26, 27)
Result
Writ petition disposed of with directions: a committee headed by the Member Secretary of MSLSA, with a Deputy Collector and an Assistant Commissioner of Police, to monitor tracing and payment of compensation with 9% interest to missing persons' heirs and other unpaid or belatedly paid victims, to be completed within nine months; steps for the pending and dormant riot cases; and implementation of accepted police reforms.