LexHARJIT SINGH AND ORS. versus UNION OF INDIA AND ORS.
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--- f'~ A HARJIT SINGH AND ORS. v. UNION OF INDIA AND ORS. DECEMBER 17, 1993 B [M.N. VENKATACHALIAH, CJ. AND S. MOHAN, J.] Constitution of In~rticles 21 and 32-Central Interest Subsidy (. Scheme for November 1984 Riot Affected Bom>wers issued by Reserve Bank of India-Directions ismed to include all financial institutions within . the c definition of "bank" under the S~heme. A writ petition under Article 32 of the Constitution was med by members of the Sikh Community who were victims of the communal carnage which took place in Delhi following the assasination of Prime D Minis~ Indira Gandhi on 31 October 1984. The complaint of the writ petitioners was that while nationalised banks bad aclvanced amounti to nlaabllitate them with the assurance that they would be convertecl,lato ... ts, tbough termed as loans, they were ~ubsequently seeking to ncoftl' die amounts advanced. Contending that the right to livelihood It ,.n al CM right to life under Article 21, the petitioner soupt a cUrectl• t. CM E aatltorltles not to insist UJJi>n or claim flirtber amounts from. 'Ille liub resisted the writ petitions contending that the transactions wen leu transactions. ' \ . In the Course of Jaearin& of the writ petition various dlnctloa Wlft given by this Court, giving relief In. the matter of recovery proceedlnP. F Ultimately the Reserve Bank of India by a circular RPCD.NO. PLFS!M·22 PS·126D/90/91, dated 19 September 1990 framed the "Central Interest Subsidy Scheme for November 1984 Riot affected Bol'l'Oftrs" providing for relief in the matter of interest in deserving cases to persons who took assistance from wmts• as defined in the Scheme. IA 4 of 1992 was llW G for a direction that all ftnandal institutions should be included -ha tile definition of ~ank" under the Scheme, contending that the dassUlaltlon between those who took assistance from "banks" as deftned la the Scheme and these who took assistance from finandal institutions was un· f' reasonable. H Allowing the application, this Court 1008 ' ... H. SINGH v. U.~.I. [MOHAN, 1:) 1009 HELD : 1. 'Ibis is as human proble~. Humanity is above law. 'lbe A petitioners are a pitiable lot and in pligbtrul state. To them, the 1anaaaP of . humanity must be spoken. In a normal case the Court may require the parties to abide by the terms of the contract, but not where such calamities have befallen and the petitioners are severely amicted with adversity. 1101+1>-FJ B 2. It the petitioners are to be substantially helped, the beaeftt or the drcular will to be extended vis-a-vis the loans advanced by the ftnandal institutions, having regard to the circumstances la which the petitionen are placed. 'lbe spirit of the circular is to help the petitioners. 11aererore it could hardly matter whether loans are rrom the Banks or ftaandal institutions. 'lbe failure to refer to the ftnandal institutions ls an lnadver- C tent omission. (1014-G-H] CML ORIGINAL JURISDICTION : I.A. No. 3 of 1991. AND I.A. No. 4 of 1992. IN Writ Petition (C) No. 457 of 1988. (Under Articles 32 ~f the Constitution of India.) R.S. Sodhi for the Petitioners. H.S. Parihar, Ms. A Subhashini, (NP), P. Parmeswaran, (NP), S.K. D E Gambhir, K.R. Nambiar S.K. Verma R.P. Kapur, C.P. Mittal and R.B.· p Mishra for Respondents. The Judgment of the Court was delivered by MOHAN, J. This writ petition under Article 32 out of which the contempt application arises came to the preferred by members belonging G to Sikh community who were living in Delhi at the relevant time. · A tragic event - beyond belief ~ in the history of India took place on 31 October, 1984 when Smt. Indira Gandhi, the Prime Minister was assas- sinated. It was alleged that the ese:auins be.longed to the Sikh community. Tbis inOamed feelings. Aa a~ riots broke out all over the colllltry. 1'o H 1010 SUPREME COURT REPORTS [1993) SUPP. 3 S.C.R. A members of this communitY -were the target of attack throughout India'. Parti~ularly, in Delhi, several gruesome incid~ni:s took place r~sulting in large scale arson, looting, systematic violence, attacks on Gurudwaras. The duration of violence different in various areas. Many Sikhs were killed, houses were burnt. It was an unprecedented carnage which rendered many B Sikhs homeless; many families lost their kith and kin and bread-winner. The details of these incidents are set out in the affidavit in the writ petition. ~ A Commission was appoin~ed,
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