MARIAM KHATOON vs STATE OF JHARKHAND

The petitioner has approached this Court with a prayer for a direction upon the respondents for payment of sum of Rs. 25 lacs, by way of

compensation, as the husband of the petitioner Md. Alimuddin @ Alimuddin Ansari was killed/lynched by the unruly elements of people supposed to

be 'Gau Rakshak' on 29.06.2017 and further prayer has been made for providing govt. job to the son of the deceased.

It has been submitted by the learned counsel for the respondents that the petitioner has already received Rs. 2,00,000/-, by way of compensation and

Rs. 20,000/- under Family Welfare Plan and the same has been admitted by Mr. A. Allam, learned counsel for the petitioner. It is also admitted by

Mr. A. Allam that earlier, after order passed by this Court, the petitioner has received Rs. 45,000/-, and 65,000/- for construction of her house.

Learned counsel for the petitioner places reliance on reported judgment of the Hon'ble Apex Court reported in AIR 2015 SC 518 (Suresh Vs. State of

Haryana) and 2006 Vol.3 SCC 571. Learned counsel further submits that there is a provision of victim compensation under Section 357-A of the Code

of Criminal Procedure regarding Victim Compensation Scheme. The reliance portion of Section 357-A of the Code of Criminal Procedure is

reproduced herein below:-

357-A Victim Compensation Scheme-

(1) Every State Government in coordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation

to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation.

(2) Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as

the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in subsection(1).

In view of the specific provision of Section 357 A of the Code of Criminal Procedure, I hereby direct the petitioner to appear before the Member

Secretary, JHALSA on 13 April, 2018. On her appearance and placement of the case, the Secretary shall do needful in view of Section 357 A of the

Criminal Procedure Code taking into consideration the directions of the Hon'ble Apex Court and take a decision on the quantum of compensation to be

granted to the petitioner in addition to what she has already been received.

It is made clear that already in view of the direction of NALSA, JHALSA has taken several steps for granting victim compensation. It is a fit case in

which JHALSA should take initiative and immediate steps for grant of victim compensation to the petitioner. The Member Secretary, JHALSA or the

competent Authority shall submit their report before this Court regarding the steps taken or any other order passed by the Competent Authrity, within

a period of four weeks.

Put up this case on 14.06.2018.