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Non-Reportable

    IN THE SUPREME COURT OF INDIA

     CIVIL/CRIMINAL ORIGINAL JURISDICTION

   WRIT PETITION (CIVIL) NO.404 OF 2008  

Archbishop Raphael Cheenath  S.V.D. …… Petitioner(s)

Versus

State of Orissa & Anr. …… Respondents

With

Writ Petition (Civil) No.76/2009 Writ Petition (Civil) No.396/2009 Writ Petition (Crl.) No.126/2012

JUDGMENT

Uday Umesh Lalit, J.

1. Writ Petition (Civil) No.404 of 2008 has been filed in public interest

seeking to highlight failure on part of State of Orissa in deploying

adequate  Police  Force  to  maintain  law  and  order  in  Kandhamal

District  of  Orissa  and in  protecting  innocent  people  whose  human

rights  were  violated  after  the  unfortunate  assassination  of  Swami

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Laxmanananda Saraswati and others on 23.08.2008 by some Maoists.

Writ Petition (Civil) Nos.76 of 2009, 396 of 2009 and Writ Petition

(Criminal) No.126 of 2012 also highlight the same issues. All these

petitions inter alia pray for directions to the concerned authorities to

provide proper and adequate facilities in refugee camps, to prevent

communal violence, to provide adequate compensation to the victims

of  such communal  violence,  to  order  institution of  Commission of

Inquiry by a serving or a retired judge, to order investigation into the

crimes  committed  during  such  violence  by  Central  Bureau  of

Investigation (“CBI” for short) and to set up special courts to deal

with  and try the  offences  committed  during such violence.   These

petitions  were  heard  together  with  Writ  Petition  (Civil)  No.404 of

2008 as the lead matter.  

2. The incident and circumstances that led to the unrest and communal

violence  were  dealt  with  in  the  Report  of  the  Investigating  Team of  the

National  Human  Rights  Commission  (hereinafter  referred  to  as  the

“NHRC”), certain portions of which for the sake of facility are reproduced

hereunder:

“On  23.08.2008  at  19.55  hrs.  when  Swami  Laxmanananda Saraswati  was  in  his  room,   some  armed  men  attacked  his Jalespetta  Ashram.  Two  of  them  took  control  of  the  four

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unarmed recruits standing outside the Ashram at gun point.  The rest  of  them  entered  the  Ashram  and  started  indiscriminate firing killing Swami Laxmanananda Saraswati in the attached toilet of his room where he tried to hide himself.  Mata Bhakti Mai  and  Kishore  Baba  were  killed  in  the  adjoing  room. Simultaneously,  some  of  them  went  into  the  room  of  the Personal Security Officer (PSO) who was not present that day and killed Swami Amrita Nand and local villager Puranjan who were lying in that room.  The attackers fired about 50 rounds in fifteen minutes and ran away from the Ashram.  In this regard FIR  No.  37/08  u/s  147/148/149/452/302/120-B/IPC, PS-Tumdibandh  was  registered  on  the  statement  of  the eyewitness  Brahmachari  Madhab Baba…………………………………….

The violence in the present case started after the death of the Vishwa Hindu Parishad leader Swami Laxmanananda Saraswati allegedly  by the  Christians  supported  by the  naxalites.   The violence spread after the procession of the dead body of Swami Laxmananana Saraswati was taken through various parts of the district  on  a  grand scale.   Although the  large  scale  violence started  after  his  death,  the  cracks  within  the  society  were already existing as is evident from the data regarding clashes between these communities in the previous years (ref report of SP  Kandhamal  at  P-911-913  of  Annexure-II).   This  is  also evident  from  the  fact  that  litigations  between  both  the communities are existing on the issue of reservation for the SC (Pano) Christians.”  

3. Writ Petition No.404 of 2008 filed on 02.09.2008, came up before this

Court on 03.09.2008.  This Court thereafter passed various orders from time

to time to ensure that the situation was brought under control and relief in

full measure was extended to the victims.  Following were the orders passed

by this Court:

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A. 3.09.2008

“Issue notice.

Learned  Addl.  Sol.  General/counsel  for  respondents appear and accepts notice.

The  first  respondent  through  its  Chief  Secretary  is directed to file its response by way of an affidavit by tomorrow morning as to what steps are being taken to protect the life and property of the affected people in the State and also regarding the proposed yatra on ensuing Friday.

The Secretary General is directed to send a copy of this order  through  telegram/fax  to  the  Chief  Secretary,  State  of Orissa immediately.

List the matter on 4.9.2008 at 2.00 p.m.”

B. 4.09.2008

“Heard  learned  senior  counsel  for  the  petitioner, learned  Additional  Solicitor  General  and  learned  senior counsel appearing for the State.

Pursuant to our directions, Chief Secretary of the State of Orissa has sworn an affidavit given all the details taken place in the State of Orissa to control the violence erupted recently. In the affidavit, it  is stated that all possible steps have  been  taken  by  the  Government  especially  in  the Kandhamal  District.  It  is  stated  that  there  are  17  police stations  in  the  District  and  in  all  these  police  stations necessary officers have been deployed and the service of the CRPF,  Reserved  Armed  Forces  (RAF)  have  also  been obtained and deployed. 15 companies of CRPF, 24 platoons of Orissa State Armed Police (OSAP) and in addition to the District S.P. and other officers has taken adequate steps and has  given security  to  those  people  visiting  as  well  as  for protection of others would be provided. It is also stated, the State will take all possible steps to maintain law and order in

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the event of any proposed Yatra by any one whatsoever. The State Government has been dealing with all  the situations firmly and even handedly and will continue to do so.

Learned Additional  Solicitor  General  submitted  that yesterday  the  Union  Home  Minister  visited  the  State  of Orissa and even in some of the relief camps and satisfied with the service and they are  properly operated.  But  it  is submitted that still tension prevails in the State and adequate CRPF force  has  already  been  deployed  to  help  the  State Police to maintain the law and order situation and learned senior counsel appearing for the State of Orissa requested that in view of the tension four more new Battalions would be  required  in  the  State  and  learned  Additional  Solicitor General submits that urgent steps would be taken to deploy the required force.

As regards the proposed Yatra to be organized by the section of the people, it is submitted all possible steps would be  taken  to  prevent  any  Yatra  being  held  and police  and other para military forces to make possible steps to prevent any untoward incident being taken place.  Section 144 has already been imposed in the State in all the districts where tension prevails.

Learned  counsel  for  the  petitioner  stated  that  even Yesterday  night  some  of  the  houses  were  burnt  out  in Tikabali  and  Daringabadi  villages.  Learned  counsel appearing  for  the  State  submitted  that  so  far  no  such information has been received by them and the matter would be enquired into and urgent steps would be taken in these areas also to prevent any breach of law and order situation.

We hope the State police along with CRPF and other para military forces would ensure the law and order situation and people's life and property will  be protected to best of their ability. The State Government would also take urgent steps  to  see  that  those  who  are  in  the  relief  camps  are protected  and  no  miscreants  shall  be  allowed  to  visit  the camps to create any problem…….”

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C. 22.10.2008

“On  4.9.2008,  this  Court  had  passed  an  order  and expected that  the State Government of Orissa would take all possible steps to control the violence that had been happening at  the State  of  Orissa  after  the unfortunate  killing of  Swami Laxmanananda on 23.08.2008.  We are told  by the counsel for the  petitioner that even after the incident,  it was alleged that about 906 houses had been destroyed and about 19 churches have   been  partly  damaged/burnt  and  21  persons  have  been killed, including two policemen,  and some incidents of rape have also  occurred.   In the additional affidavit the petitioner has alleged that large number of persons are in the relief camps. He  further  contended  that  the  workers  of  the Non-Governmental organizations are not being allowed to meet the persons in the relief camps or to render help to them.   The petitioner is also aggrieved by the stand taken by the State in not giving any compensation to the churches which had been destroyed/damaged by the miscreants.   As regards one victim who  had  been  allegedly  raped,  the  petitioner  wants  that  the investigation should be handed over to the CBI.

Heard learned senior counsel appearing for the petitioner, the State and learned Additional Solicitor General for the Union of India.  The Principal Secretary,  Home  Department of the State of Orissa has filed a  detailed  additional affidavit dated 17.10.2008 wherein it was stated  that  enough policemen had been deployed in the area  and the learned senior counsel for the  State  highlighted  all  the  details  that  were  given   in  the counter affidavit.   It is also stated by the learned counsel  that, apart  from these police forces,  there are also additional police and paramilitary personnel,  sent by  the Government of India who were allowed to be in the State,  be allowed to continue  at least till the end of December, 2008, i.e.  till the festival season is over.

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As regards the alleged rape, it is stated that nine accused have so far been arrested by the police and the victim is not cooperating with the police for having the Test Identification Parade………………………………………

……..As the accused have already been arrested, we do not think that at this stage, the further investigation should be handed over to the CBI.  In the interest of victim and all others, we wish that the victim would cooperate with the State police for the further investigation of the case.  

 Learned senior counsel appearing for the State submitted

that the relief camps are working well and all such details have been stated in the affidavit  filed by the Home Secretary. We make it clear that any member of the NGO can associate in the Committee  coordinating  the  relief  work  in  the  relief  camps. Sufficient security also be provided by the State in the relief camps.   

The  State  is  also  agreed  to  give  compensation  to  the victims.   It  is  stated  in  the affidavit   of  the State  that   Rs. 50,000/-   is  being  given  for   the  fully  damaged  house, Rs.25,000/-  for partly damaged house and Rs.2 lacs each is being  given  to  the  damaged  pubic  institutions  like  schools, hospitals,  etc. and  Rs.2 lacs each from the Chief Minister’s Relief Fund to each of the families of the persons killed in the violence.  The petitioner has prayed that the churches which are being destroyed or partly damaged should also be given their financial assistance.  Learned counsel appearing for the State submitted  that  the  State  has  taken  a  policy  that  religious  or worship place of any religion is not being given any financial assistance  though  several  institutions  working  under  these religion are being given.  We are told by the counsel for the petitioner that  approximately 16 churches have been fully  or partly  damaged.   As  regards  the  damaged  churches  also  the State can have a generous attitude on the matter and assess the damage of those churches or other religious places and render reasonable help to rebuilt  the same.   We hope that  the State could  create  an  atmosphere  where  there  shall  be  complete harmony  between  the  groups  of  people  and  the  State  shall

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endeavour  to  have  discussions  with  the  various  groups  and bring about peace and do all possible help to the victims.  The existing battalions/police force sent by the Government of India would continue till the end of December, 2008.

The State  has  also  submitted  that  fast  track courts  are established to clear the cases arising out of these incidents…..”

D. 5.01.2009

“This Court by an order passed on 22.10.2008 indicated that sufficient paramilitary forces be deployed in the State of Orissa till December, 2008. Learned counsel for the State submits that still these forces are required in the State to maintain the law and  order  situation  even if  removal  of  group  of  battalion  is necessary  the  same should  be done in  a  phased manner. We make it clear that the State Government may have discussions with the Home Secretary of  the Home Ministry and take  an appropriate  decision  having  regard  to  the  law  and  order situation prevailing in the State for protection of minorities in the State.

        The learned counsel appearing for the petitioner stated that large number of churches have been demolished and the State  Government  is  giving  meager  amount  by  way  of compensation.  Some  churches  and  religious  places  were  in existence which are being destroyed and the State Government is not giving any compensation on the ground that there is some dispute regarding the land. The Government may formulate a scheme regarding these religious places and take  appropriate decision…….”          E. 13.04.2009

“Heard learned counsel for the petitioners.

It is alleged by the petitioner that large number of houses were either destroyed or partially damaged and in some cases compensation has been given to the owners of these houses. It is also alleged by the petitioners that nearly 183 churches have

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been partially damaged and compensations have been paid only in respect of five churches. The petitioners also states that about 93 persons have died in the various incidents but, according to an estimate  of  the State,  only 32 persons  have  died and the compensations have not been given to the dependents of these persons, who died. The petitioners also allege that large scale unemployed person are waiting for the work under the NREGA scheme and the cards are not provided to them. It is also alleged that  so  many  persons  have  lost  their  ration  cards  and  they required fresh ration cards to get the articles under the public supply  system.  The  petitioners  have  given  some  details  i.e. name, village and other details regarding the individuals.

Leaned counsel appearing for the State of Orissa seeks time  to  inquire  into  the  details  of  these  facts  given  by  the petitioners  and the  learned counsel  seeks  time to furnish the details regarding the steps already taken by it. It is stated that a committee  has  also  been  constituted  to  give  relief  to  the affected  persons.  The  correctness  of  these  details  would  be enquired into by the State and a detailed report be furnished to this Court within a period of four weeks. It is also submitted that the State is taking steps to see that all the persons who are in  the  relief  camps  exercise  their  franchise  in  the  ensuing general election and steps are being taken to take them to the polling booths on the date of polling under the protection of the police. Learned Addl. Solicitor General of India submits that a sum of Rs.3 lacs each is proposed to be given to the dependents of the persons who have died and as soon as the details are available from the State the amount would be made available to the State.

In the meanwhile, the relief works, which are already in progress, may be continued…...”

 F. 11.05.2009

“Heard learned senior counsel for the petitioner and also learned counsel for the State.

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It is pointed out by learned counsel for the petitioners that in some of the   cases    where   the   houses   have   been destroyed and damaged, full compensation has not been paid. It is also submitted that all the dependents of the deceased persons have not received compensation.

On the other hand, learned senior counsel appearing for the State of Orissa submitted that it has been assessed that about 4,588 houses spread over in 8 blocks suffered damage and steps are being taken to pay compensation. It is pointed out that in these 8 blocks one I.A.S. Officer each has been deputed to look after  the  rehabilitation  measures  and  it  is  also  stated  that  in some of the cases first installment has been paid and in some cases second installment has been paid and in some other cases third  installment  has  also  been  paid.  It  is pointed out by learned counsel for the petitioners that  in the case of 917 families, first installment has not been paid but it is disputed by learned counsel for the State. The State may pursue the disbursement of compensation to these families.

It is submitted by counsel for the State that in the case of 42 deaths which have taken place, dependents/legal heirs of the deceased  have  been paid  compensation  by the  State  of  upto Rs.2 lacs and Rs.3 lacs has to be paid by the Union of India and the list has already been sent by the State but learned Additional Solicitor  General  submits  that  only  33  cases  have  been recommended by the State and out of them 30 have been paid compensation and the rest of the three have been rejected.  As regards the rest, the State may send its recommendations to the Central Government and as soon as the same are received by the Central Government, it may take appropriate action and the compensation shall be disbursed at the earliest………..”

4. The monitoring  by this  Court  through interim orders  passed from

time to time and the efforts on part of the State Government to control and

remedy the situation and provide relief to the victims having yielded results,

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according  to  the  petitioner  in  the  lead  matter,  most  of  the  issues  and

grievances highlighted in the petition, now stand addressed. According to the

petitioner what remains to be considered are prayers D, G and H in Writ

Petition No.404 of  2008 which are set out hereunder:-

“D.  Issue a  writ  of  mandamus or  any other  appropriate  writ order or direction, directing the State of Orissa to forthwith pay compensation  to  all  those  families  whose  houses  have  been fully damaged @ of Rs.4 lakhs per family and Rs.2 Lakhs per family  for  partial  damage  and  Rs.5  Lakhs  for  every  family where death has taken place and Rs.1 Lakh for every family where injuries have taken place.  

G. Issue a writ of mandamus or any other appropriate writ order or direction, directing the Respondents to constitute and appoint an  Independent  Commission  for  the  framing  of  the rehabilitation  and  compensation  scheme  and  to  assess  the quantum  of  damage,  extent  of  damage,  methodology  of assessment  and  for  proportionate  allocation  of  funds  in  the affected areas.  

H. Issue a writ of mandamus or any other appropriate writ order or  direction,  directing  the  Respondent  State  to  pay  all  the victims of communal violence full compensation for all the loss incurred at actual market value proportionate to their loss”.  

5. It may be noted at this stage that during the pendency of these matters,

an Investigating Team of NHRC visited the areas in question and submitted

its Report.  The relevant portions of their report are to the following effect:

“10.3.11. It  is  evident  that  more  forces  were  sent  as  and when  the  violence  started  spreading  to  different  areas  of Kandhamal.  Had the forces arrived in sufficient strength in the initial stage itself, the violence and the number of deaths could

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have  been  controlled.   As  far  as  the  contingency  plans  are concerned, it seems that it was not properly formulated in the district.  In December, 2007, the deployment was issued by the District SP in the form of a small wireless signal instead of a detailed order whereas the danger of communal violence was imminent.  The district authorities took measures to control the violence after 23.08.2008.  Additional deployments were made. FIRs were  lodged promptly and arrests  were  made.   A total number of 732 FIRs were lodged and 597 arrests were made till 17.11.2008.   Out  of  the  arrests  made 259 number  of  arrests were  of  persons  against  whom  FIRs  were  lodged  by  name. Relief  camps  were  also  provided  with  armed  guards  and patrolling was being done.    Despite all  the effort,  the force strength was not  to the extent  that  all  the migrants could be provided  with  security  in  their  own villages.   A total  of  38 number  of  companies  of  the  CRPF,  seven  platoons  of   the OSAP  and seven sections of APR,  have been  deployed in Kandhamal so far ……………………………………................ 10.4.6.  There  is  no  evidence  regarding  the  police  conniving with  the  perpetrators  of  violence  and  allowing  the fundamentalists to attack the Christian community.  The details of cases registered against the perpetrators of violence and the details  of  persons  arrested  is  available  in  Pages  545-805  of Annexure-I……………………………………………………… 10.8.  The  relief  camps  have  been  well  established  by  the District Authorities.  The size of the relief camps are very large this time.   Thousands of people have taken shelter in each of these camps.  Relief work, however, was going on in full swing and basic requirements of food, clothing shelter and medicines were being met.  The inhabitants of the camps did not complain regarding  any  shortcoming  in  the  relief  operations.   All  the relief camps are guarded with armed guard. Compensation has been provided to those killed in the recent violence at the rate of  Rs.  two  lacs  from CM Relief  Fund.  (Ref.  Page  983-985 Annexure-II).   In  some cases    recommendation of  grant  of compensation of Rs.3 lacs has been sent to the Central Govt. (Ref. Page 983-985 Annexure-II).  The investigation team also observed that efforts were being made by the district authorities to carry out a census of children in these camps and provide them  education  in  the  camps  itself.   Doctors  were  found

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attending the patients in these camps.  There was also a stock of medicines in these camps.”

6. The Report of the NHRC also included a Status Report on “Relief,

Rehabilitation  and  Reconciliation  Measures  taken  up  by  the  District

Administration, Kandhamal” which was submitted to NHRC on 14.1.2011.

Chapter  III  of  that  Status  Report  deals  with  Rehabilitation  and

Reconciliation efforts under following heads: (I) Assistance to Next of Kins of Dead Persons. (II) House Building Assistance (III) Financial Assistance to Religious Institutions (IV) Assistance to Damaged Shop/Shop-cum-Residence (V) Financial Assistance to Public Institutions (VI) Assistance to the Children of Victims of Communal, Ethnic or

Terrorist Violence. (VII) Financial Assistance to SHG Centres (VIII) Special Steps for Rehabilitation of Affected Families. (IX) Administration of Justice (X) Strengthening of Policing Infrastructure in District (XI) Dialogue and Peace Committees…….. (XII) Theatre, Drama, Music…..For Peace.

For the present purposes, we may quote items (IX) and (X) which were as

under:- “(IX) Administration of Justice

Government  has  taken  following  steps  for  ensuring justice to the victims of violence:

A) State  Government  has  constituted  a  Commission  of Inquiry consisting of Shri Justice S.C.Mohapatra,  a retired Judge to enquire into  various matters relating to  killing  of  Swami  Laxmanananda  Saraswati  and others and incidents of violence in its aftermath.

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B) In order to speed up investigation process in aftermath of  the  communal/ethnic  violence,   a  Special Investigation  Team  was  constituted   by  the  State Government  to  investigate  the  cases  related  to communal/ethnic violence in the district.  Because of the  efforts  of  this  team,  investigation  have  been completed in 790 cases out  of  total  number of  828 cases  registered  in  various  Police  Stations  with respect to communal/ethnic violence in the district in 2008.   The  detailed  status  of  cases  related  to communal/ethnic violence is given in  Annexure-9.

C) Two  Fast  Track  Courts  have  been  constituted  to ensure  speedy  disposal  of  cases  related  to communal/ethnic  violence  in  the  district. Government  of  Orissa  has  also  appointed  Special Public  Prosecutor  to  deal  with  such  cases  in  an effective and efficient manner.

(X) Strengthening of Policing Infrastructure in District:    State Government has taken a number of steps for strengthening and streamlining policing in the district.   Steps taken include:

(1)New Police Station has been created at Chakapad with sanctioned  strength  of  Inspector  of  Police  (O1), Sub-Inspector of Police(02),  Assistant Sub-Inspector of  Police(02),   Havildar(01),  Constable  (10)  and Assistant Driver(01).

(2)K. Nuagam Out-Post has been upgraded to a Police Station with additional sanctioned posts of Inspector of Police(01),  Sub-Inspector  of Police(02),  Assistant Sub-Inspector  of  Police(01),  Constable(04)  & Assistant Driver(01).

(3)As  Police  Station  areas  of  G.  Udayagiri,  Raikia, Tikabali & Chakapad were some of the worst affected areas during the communal/ethnic  violence in 2008, Office of  the Sub-Divisional  Police Officer  (SDPO)

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has  been  created  at  G.  Udayagiri  for  better coordination  and  immediate  response  to  any  such situation in future.

(4)One  post  of  Additional  Superintendent  of  Police, Kandhamal  has  been  created  for  assisting Superintendent of Police, Kandhamal in management of law and order.

(5)One  post  of  Reserve  Inspector  (General)  has  been created  in  Office  of  the  Superintendent  of  Police, Kandhamal.

(6)40  posts  of  Constables  have  been  upgraded  to Assistant Sub-Inspector of Police.

(7)The State  Government  has  sanctioned  750  posts  of Special Police Officer (SPO) for the district.

(8)Physical infrastructure has been strengthened by way of building 100 men barracks in each of  the Police Station  in  the  District.   This  allows  positioning  of CRPF, OSAP, OSSF  and  other  such  special  police forces,  within  the  campus  of  Police  Station,  which results in better coordination and immediate response to any law and order situation.”

7. The last affidavit on record filed on behalf of the State of Orissa on

01.03.2016 sets out in detail  the steps taken by the State and the present

status. Paragraphs 3 to 8 of said affidavit are as under:-

“3. That it is humbly submitted that during Kandhamal Riots 2008,  827 FIRs were received and registered and have been duly  investigated  into.   Two  Fast  Track  Courts  have  been established to ensure speedy disposal  of the cases relating to communal/ethnic  violence  in  the  district.   Special  Public Prosecutors have also been engaged to deal with such cases in

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an effective  and efficient  manner.  The  current  status  of  the cases are given below:

1. No. of communal violence cases registered 827 2. No. of cases final form submitted 827 3. No. of cases final reports submitted 315 4. No. of cases charge-sheets submitted 512 5. No. of cases trial have been completed 362 6. No. of cases ended in conviction 78 7. No. of persons convicted 493 8. No. of cases ended in acquittal 284 9. No. of cases pending trial 150 10. No. of cases appeal have been made 15 11. No. of accused persons arrested/surrendered 6495

4. That it is humbly submitted that during Kandhamal Riots 2008, relief camps were set up at Tikabali, G.Udayagiri, Raikia, K.Nuagaon,  Baliguda,  Daringibari,  Phulbani  and Phiringia  to provide immediate relief to the victims of violence.  All efforts were taken for safe return of camp inmates to their villages.  As result  of  which all  relief  camps are  closed now and the last relief camp was closed on 25.08.2009.

5. That it is respectfully submitted that 39 persons had died in group clashes during Kandhamal Violence, 2008.  In all these case  Ex-gratia  @  Rs.2.00  lakhs  has  been  paid  to  the next-of-kins of such victims out of the Chief Minister’s Relief Fund(CMRF). Similary, Central Assistance @ Rs.3.00 lakhs to the  next-of–kins  of  the  victims  have  been  disbursed  to  the NOKs of 39 deceases persons.  Not a single case of reported death  during Kandhamal  violence  is  pending for  sanction  of ex-gratia compensation.

6. That  it  is  further  respectfully  submitted  that  a  total number of 4822 houses have been affected which includes 3316 partially  damaged  and  1506  fully  damaged  houses.   House Building  Assistance  (HBA)  @  Rs.50,000/-  each  for  fully damaged house, Rs.20,000/- each for partially damaged houses have been provided out of the Chief Minister’s Relief Fund.  In

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addition  to  this  financial  assistance  @  Rs.20,000/-  for  each fully  damaged  house  and  Rs.10,000/-  for  each  partially damaged  house  have  been  provided  by  the  Government  of India.  

7. That  it  is  also  humbly  submitted  that  232  religious institutions were damaged during the violence.  Out of which 7 are  big  churches,  and 225 are  small  churches/prayer  houses. Financial assistance of Rs.2 lakhs each to  number of severely damaged  big  churches  and  Rs.1  lakh  each  to  5  numbers  of partly  damaged big  churches  were disbursed.   Similarly, Rs. 50,000/-  each  to  35  numbers  of  fully  damaged  small churches/prayer  houses,  Rs.20,000/-  each  to  63  numbers  of severely  damaged  small  churches/prayer  houses  and Rs.10,000/-  each  to  127  numbers  of  partly  damages  small churches/prayer houses were disbursed.  

8. That  it  is  humbly  submitted  that  119  number  of shops/shop-cum-residence  were  damaged.   Depending  on extent  of  damage  a  total  amount  of  Rs.19,45,000/-  was disbursed  to  119  shops/shop-cum-residence.   Similarly, Rs.6,30,000/-  out  of  Chief  Minister’s  Relief  Fund  and Rs.12,00,000  out  of  Prime  Minister’s  Relief  Fund  were disbursed  to  12  number  of  public  institutions  which  were damaged  during  violence.  Rs.1,30,000/-  was  also  given  to  4 number of damaged self-help group (SHG) centers. ”

8. In written submissions filed on 03.03. 2016 on behalf of the petitioner

in the lead matter, the facts asserted in the affidavit dated 01.03.2016 are not

contested but what is stressed is that out of 512 charge-sheets submitted,

trials have been completed only in 362 which  resulted in conviction in 78

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cases while 284 cases ended in acquittal  and only 15 appeals  have been

filed.

9. While  dealing  with  cases  concerning  communal  violence  that

occurred  in  and  around  Muzaffarnagar  in  State  of  Uttar  Pradesh  in

September  2013,  this  Court  in  its  judgment  rendered  on  26.03.2014  in

Mohd.  Haroon  and  Ors.  v. Union  of  India  and  Anr.1 had  dealt  with

financial  assistance  given  to  the  families  of  the  deceased  and  injured

persons, the relevant paragraphs being:-  

“49. According to Letter No. 1027k/chh-sa.ni.pr.-13/15(14)2013 dated  10-9-2013  and  Government  Order  No. F.A.-2-367/Ten-92-100(30)D/92-Home  Police,  Section-12 dated  21-12-1992,  financial  assistance  to  the  families  of deceased and injured persons is to be given at the following rates:

In case of death Rs 10,00,000 per death In case of serious injury Rs 50,000 per person In case of simple injury Rs 20,000 per person

56. The  Government  of  India  has  also  sanctioned  ex  gratia relief from the Prime Minister’s Relief Fund at the rate of Rs 2 lakhs  per  family  for  the  dependants  or  legal  heirs  of  the deceased and at the rate of Rs 50,000 for the seriously injured persons………….”

1

(2014)5 SCC 252

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             Paragraph 71 of the decision discloses that the State granted further

compensation  of  Rs.300,000/-  taking  the  total  compensation  in  cases  of

death during communal violence to the extent of Rs.15,00,000/-.

10. It is true that the incidents of communal violence had occurred in and

around Muzaffarnagar in the year 2013 and that the State itself had decided

to pay compensation in the scale as mentioned above.  We have considered

the  scales  at  which compensation  has  been granted  and disbursed in  the

present matter. In our view the ends of justice would be met if  the State

Government  and  the  Central  Government  are  directed  to  pay  additional

compensations as set out in the chart below. The compensation suggested in

Writ Petition No.404 of 2008 as against each of the categories is set out in

Column No.2 while Column No.3 gives the figures of compensation already

granted and disbursed. In our view, the additional compensation as detailed

in Column No.4 ought to be paid to the victims or their family which will

provide solace and succor. It is ordered accordingly.

1 2 3 4

Categories Compensation suggested  in WP 404/2008

Compensation already granted and disbursed

Additional Compensation that shall be paid

In case     of every  death during communal violence.

Rs.500,000 Rs.200,000  by   State Govt.

+ Rs.300,000 by Central Govt.

Rs.300,000  by  State Govt.

In  case  of Rs.200,000 Nil Rs.30,000  in  cases  of

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injuries suffered  by victims  during such violence

serious  injury  and  Rs. 10,000 in cases of simple injury-to be paid by State Govt.  

In   case  of fully  damaged houses

Rs.400,000 per family

Rs.50,000  by  State Govt.

+ Rs.20,000  by  Central Govt.

Rs.50,000 by State Govt. +

Rs.20,000  by  Central Govt.

In  case  of partly damaged houses

Rs.200,000 per family

Rs.20,000  by  State Govt.

+ Rs.10,000 by  Central Govt.

Rs.20,000 by State Govt. +

Rs.10,000  by  Central Govt.

11.     The report of the Investigating Team of the NHRC as stated above,

does  show  that  though  adequate  forces  were  deployed  and  sent  as  the

violence  started  spreading,  the  forces  could  have  arrived  in  sufficient

strength at the initial stage itself. If there were incidents of unrest in the past,

the State ought to have been more vigilant. The NHRC team has found that

there was no evidence regarding the police conniving with the perpetrators

of  violence.  Further,  immediate  steps  were  certainly  taken,  in  that  relief

camps were set up and strength of police contingents were increased.  

Paragraphs IX and X of the Status Report submitted by the District

Administration to the NHRC on 14.01.2011 show the concern of the State

Government under respective heads. The State Government shall do well to

enquire into and find the causes for such communal unrest and strengthen

the  fabric  of  the  Society.   Strengthening  of  police  infrastructure  in  the

District as detailed in Paragraph 10 of that Status Report will undoubtedly

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help in curbing any re-occurrence of  such communal violence but  at  the

same time peace building measures must also be undertaken.

12. In Mohd. Haroon (supra), 6 months after the violence had occurred,

this Court found it difficult to direct that investigation be handed over to any

Agency other than the State.  Paragraph 115 of the judgment sums up the

discussion on this issue in following words:-

“115. At this juncture viz. after a period of six months, whether an agency other than the State is to be directed to investigate and  take  appropriate  steps.  We  have  already  noted  various circumstances under which the court can entrust investigation to agency other than the State such as SIT or CBI. We have to keep in mind, as observed by the Constitution Bench2 referred to  supra,  that  no  inflexible  guidelines  can  be  laid  down  to decide  whether  or  not  such  power  should  be  exercised. However,  this  Court  reiterated  that  such  order  is  not  to  be passed as a  matter  of  routine or  merely because a  party has levelled  some  allegations  against  the  State  Police.  In  other words,  this  extraordinary power must  be exercised sparingly, cautiously  and  in  exceptional  situations  where  it  becomes necessary  to  provide  credibility  or  instil  confidence  in investigation  or  where  such  an  order  may  be  necessary  for doing  complete  justice  in  enforcing  the  fundamental  rights. Apart from this, immediately after the occurrence, Writ Petition (Crl.) No. 155 of 2013 came to be filed in this Court even in the first week of September, 2013. Pursuant to the same, this Court, after  taking  note  of  the  importance  of  the  issues  viz.  many people  lost  their  lives  and  properties,  sufferings  of  both communities and children, issued various directions to the State

2

             State of W.B. v. Committee for Protection of  Democratic Rights (2010) 3 SCC 571

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and the Central Government. We have already extracted those orders in the earlier part of our judgment.”

13. In  the  present  case,  the  order  dated  22.10.2008  discloses  that  this

Court did not think that further investigation be handed over to the CBI.  At

this length of time, when final form has been submitted in all 827 cases of

communal violence which were registered, it would not be proper to direct

that the investigation and consequential steps be entrusted to the CBI.  We,

therefore, reject such prayer made in the connected petitions.  The request

for setting up of Special Courts to deal with and try the offence committed

during such violence,  already stands granted as the State  has set  up two

Special Courts.

14. The affidavit filed on behalf of the State on 01.03.2013 discloses that

out  of  827 registered cases,  512 cases  resulted in  filing of  charge-sheets

while in 315 cases final reports were submitted.  In other words, in 315 cases

either no offence was found to have been made out or the offenders could

not be detected.  Such large proportion is quite disturbing.  The State could

do well in looking into all these 315 cases and see that the offenders are

brought to book.  Similarly, out of 362 trials which stand completed only 78

have  resulted  in  conviction,  which  again  is  a  matter  of  concern.   The

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concerned authorities must see to it that the matters are taken up wherever

acquittals were not justified on facts.  

15.  Finally, we must remind ourselves of the observations of this Court in

Ahmedabad St. Xavier’s College Society and another vs. State of Gujarat

and another3,  though made in the context of rights of minorities to set up

and administer institutions for imparting education, are quite apt even in the

present context:-

“…..The minorities are as much children of the soil as the majority and the approach has been to ensure that nothing should be done, as might deprive the minorities of a sense of belonging,  of  a  feeling  of  security,  of  a  consciousness  of equality  and  of  the  awareness  that  the  conservation  of  their religion, culture, language and script as also the protection of their educational institutions is a fundamental right enshrined in the Constitution.

… It can, indeed, be said to be an index of the level of civilization  and  catholicity  of  a  nation  as  to  how  far  their minorities feel secure and are not subject to any discrimination or suppression.”

16.  With the directions as stated above, these petitions are disposed of.  

..…………………..CJI.   (T.S. Thakur)

3

             AIR 1974 SC 1389=1974(1) SCC 717

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 …..…………………..J.   (Uday Umesh Lalit)

New Delhi, August 02, 2016