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Synopsis

The Supreme Court on Tuesday reserved judgment in a batch of petitions seeking implementation of Justice Srikrishna Committee's report over the 1992 Mumbai Riots.

A bench of Justice Sanjay Kishan Kaul, Justice Abhay S Oka, and Justice Vikram Nath has also directed Maharashtra Government to file its response on the issue pertaining to compensation to 168 people who had allegedly gone missing during the 1992 Mumbai Riots.

The bench was hearing a batch of petitions seeking implementation of the Committee report which stated that the time frame shall be adhered to while providing compensation, and every effort should be made to ensure an impartial investigation in cases involving police personnel. The pleas have also raised the contention that the legal service authority should come ahead for the aid of victims of similar criminal incidents in society.

Senior Advocate Colin Gonsalves arguing for the petitioners submitted that the Police Officers responsible have not been convicted yet and the victims have been given Rs. 2 Lakhs whereas these people should have been given Rs. 2 Crore compensation.

Gonsalves while arguing over the issue of legal aid, submitted, "When it comes to mass riots against the people, legal aid doesn't know how to deal with the situation."

To which, the bench said, "Being on the judicial side, Court saw that several things are being done, if something had not been done in past, it can't be said that nothing is being done."

"If the legal aid can't handle it, then other people can volunteer, you have been arguing matters...Sessions are being conducted in the villages as well. From the one-way traffic, it's being converted into two-way traffic. It is proactively being done", the bench added.

Whereas, over the argument pertaining to the appointment of different agencies for investigation of the incidents where police officers were allegedly involved, Justice Kaul said, "It has been laid down earlier, why do you want us to say that again?"

However, accepting the contention made by Gonsalves Justice Kaul said, "We are wiser by the incident that occurs if you don't trust anybody, then also there is a problem...I don't disagree with any of your prepositions."

Moreover, Adv Prashant Bhushan intervened in between and informed the bench that "in these matters related to the PUCL killings, it had been laid down as to who should investigate, either the CBI or some other agencies.

To this, Justice Kaul said, "Yes, this is usually done to bring fairness to the procedure".

Court while reserving its judgment directed the Maharashtra Government to file a better explanation on the affidavit previously filed by them. Court further asked the Government to give explanations on the following issues:

1. Whether the figure of 168 persons, who are stated to be missing, was a part of the 900 victims identified;
2. Whether any compensation has been paid to the legal heirs of the persons who have been found missing;
3. What compensation for the loss of property was provided?

Case Title: Action Committee for the Implementation of Justice Srikrishna Report Vs. Union of India | Other related matters.