Assam: HC asks ASLSA to Submit a Factual Report on Victim Compensation Scheme

Staff Reporter

GUWAHATI: A division bench of the Gauhati High Court comprising Chief Justice Vijay Bishnoi and Justice Suman Shayam adjourned for eight weeks the PIL (7/2024) regarding non-payment of compensations to victims, taking into consideration the fact that the meeting between the various stakeholders has already taken place and some decisions have also been taken. The bench asked the state government as well as the Assam State Legal Services Authority to submit a factual report regarding the progress made in pursuance of the decisions taken at the meeting.

Earlier, during the hearing, pursuant to the direction given by this Court on May 5, 2024, Advocate General, Assam, D. Saikia, placed on record the minutes of the meeting held on August 9, 2024, with the Addl. Chief Secretary to the Government of Assam, Home & Political Department, and other stakeholders. The decisions taken at the meeting are:

The ASLSA was requested to explore the possibility of disbursing the compensation amount to the victims directly through online mode from the bank account of the ASLSA operated by the DLSAs for this particular scheme, which was to be closed in due course.

Payment of compensation should be made to the victims or next of kin as early as possible.

In instances where interim compensation can be paid, it should be done promptly in order to provide relief and succour to the victims.

It has come to light that an audit of the funds released to ASLSA has not been done in the last couple of years due to the Legislative Department not notifying the change of chairperson and member secretary of ASLSA. The legal impediment holding this back may be addressed in consultation with the Legislative Department on priority. It was noticed that the interest amount accrued in the bank accounts of the ASLSA and the DLSAs has not been credited to the government exchequer. This should be done as soon as possible.

The practice of issuing cheques to the victims of their next of kin should be done away with and replaced entirely by online bank transfers.

It was pointed out that the police do not submit reports in a timely manner to the DLSAs. From now on, it will be ensured that these reports are submitted on time.

In instances where either interim compensation or compensation is to be paid, police authorities will be sensitised to inform the DLSAs as promptly as possible.

Since Rs. 9 crore has already been released to the ASLSA for FY 2024-25, the ASLSA was requested to utilise the same and thereafter submit a Supplementary Demand (SD) proposal to this Department at the earliest convenience for additional requirements with proper justification, utilisation certificates, proof of interest amount being credited into the government exchequer, etc. The SD proposal will be submitted to the Finance Department for onwards placement of the same in the upcoming assembly session."

 Also read: Assam CM: Will provide compensation to flood-affected people by August 15 (sentinelassam.com)

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