SHAKEEL AHMED versus UNION OF INDIA & ORS.

Citation: [2022] 8 S.C.R. 705 · Decided: 04-11-2022 · Supreme Court of India · Bench: SANJAY KISHAN KAUL · Disposal: Disposed off

Judgment (excerpt)

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   [2022] 8 S.C.R. 705
705
SHAKEEL AHMED
v.
UNION OF INDIA & ORS.
(Writ Petition (Civil) No. 182 of 2001)
NOVEMBER 4, 2022
[SANJAY KISHAN KAUL, ABHAY S. OKA AND
VIKRAM NATH, JJ.]
Directions – Direction issued to the State Government to
implement the recommendations – Government of Maharashtra in
the aftermath of communal riots and bomb blasts that occurred in
Mumbai between December 1992 and March 1993 constituted a
Commission – The Commission submitted its report in February
1998, which contained recommendations on various issues,
including the causes of the riots, inadequate measures taken by the
police, failure to register crimes, delay in the disposal of criminal
cases, political interference in the functioning of the police
machinery, and lack of physical fitness among police personnel –
Petitioner invoked the jurisdiction of the Supreme Court u/Art. 32
of the Constitution of India, seeking directions to the respondents
to accept and act on the findings and recommendations of the
Commission – Petitioner alleged that many of the recommendations
have not been implemented – Held: The Court formed a committee
to monitor implementation of the judgment – The State government
was ordered to provide a report on missing persons, compensate
legal heirs, pay interest on compensation, and provide details of
pending cases – The Government was given nine months to complete
the exercise – State directed to implement recommendations made
on the issue of police reforms and constitute a special cell to trace
missing accused persons.
Disposing of the writ petition, the Court
HELD:1. Following order was passed in disposing the
petition -
1. There shall be a Committee headed by the Member
Secretary of MSLSA to monitor the implementation of the
directions issued by this Judgment. The State Government shall
appoint a Revenue Officer, not below the rank of Deputy
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SUPREME COURT REPORTS
[2022] 8 S.C.R.
Collector, and a Police Officer, not below the rank of Assistant
Commissioner of Police, who shall be the other two members of
the Committee;
2. The State Government shall submit to the Committee a
report containing details of 168 missing persons including their
names and addresses. The State Government will also place
material regarding efforts made to trace family members of 108
missing persons who have been deprived of compensation in
terms of the second Government Resolution. The State
Government shall make all possible efforts to trace the legal heirs/
family members of the missing persons. The Committee shall
monitor this exercise. The Committee shall assist the legal
representatives of the missing persons to complete the procedural
formalities;
3. The State Government shall also submit to the Committee
the record relating to compensation paid in terms of the Annexure
to the First Government Resolution as well as in terms of the
second Government Resolution by incorporating the specific
dates on which the compensation was actually paid to the persons
entitled to it. The State Government shall also provide a list of
victims who have not been paid compensation in terms of both
the Government Resolutions;
4. The State Government shall pay compensation of Rs.2
lakhs to the legal heirs of the missing persons traced out hereafter,
with interest at the rate of 9% per annum from 22nd January 1999
i.e. from the expiry of the period of six months from the date of
the second Government Resolution, till actual payment;
5. The Committee consisting of the Secretary of MSLSA
and the other two Government Officers appointed under this
order, shall monitor the efforts of the State Government to trace
other victims who were entitled to compensation in terms of the
Annexure to the first Government Resolution but compensation
was not paid to them. The victims identified hereafter shall also
be paid the compensation with interest at the rate of 9% per
annum from 8th January 1994 i.e. from the expiry of the period of
six months from the date of the First Government Resolution,
till actual payment;
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6. To those who were paid compensation after the expiry of
the period of six months from the date of the applicable
Government Resolution, the State Government shall pay interest
at the rate of 9% per annum on the amount of the compensation
payable from the expiry of the period of six months from the date
of the applicable Government Resolution till the date of payment.
This direction will apply to those

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