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The Supreme Court on Wednesday felling heavy on the State Chief Secretary of Andhra Pradesh and Bihar directed the State of Andhra Pradesh and Bihar to ensure that not even a single case eligible for compensation is deprived of it.

A bench of Justice MR Shah and Justice Sanjiv Khanna while directing the Government to make payments to the kin of people who died of COVID-19 said, "We direct the states to reach those children who have lost their both parents/ surviving parents and their particulars are already uploaded on Bal Swaraj portal ensuring that the payment of compensation reaches to them."

The matter pertains to the plea seeking ex-gratia monetary compensation to the families of deceased who have succumbed to the pandemic of COVID-19 in view of  Section 12 of The Disaster Management Act, 2005.

The apex court in its first session had summoned Chief Secretaries of Andhra Pradesh and Bihar for non-payment of compensation to the kin of the victims of COVID-19 despite the orders of the court. “They are not above the law!” Justice MR Shah had noted and asked them to remain present at 2 PM.

Justice Shah post-lunch said, "What do you Chief Secretary thinks, we are saying since so long, make the payment, make the payment, make the payment."

Senior Advocate R Basant appearing for the Andhra Pradesh Government submitted that "I apologize Milords we'll make the payments, there is a provision to raise the grievance to the committee so that even one eligible person is left out."

In addition to this Chief Secretary, Andhra Pradesh said, "I feel very distressed, this is the first time I have come to the Supreme Court that too in such a situation. I'll make sure it is done."

"I'll get it verified, I'll stand in contempt of court if it is not done," Chief Secretary added.

Justice Shah raised a question to the counsel appearing for the State of Bihar as to why only 11095 applications were received, see Gujarat, Andhra, Telangana there are so many cases.

In addition to this Advocate Abhinav Mukerji appearing for the State of Bihar stated that "Even if they don't claim, we'll ensure that the spirit of the order is implemented and the money reaches them."

However, Advocate Gaurav Bansal contended that the numbers are less as they have a review committee for the applications. which is contrary to the order of the Court.

Whereas Justice Shah said, "Mr Mukerji this is contrary to our order, we never said that you make a committee for the purpose of application. It says making review of COVID cases. This exactly was done by Gujarat and we had rejected that."

"We are not satisfied with the number of applications that you have received," Justice Shah added.

The bench directed the State of Andhra Pradesh to Suo moto review the cases rejected due to insufficient details, documents or their accounts not activated and the State should reach to all such cases. "The state shall ensure that not even a single case eligible for compensation is deprived," the bench added.

In regard to the State of Bihar, the bench noted, "Looking to the peculiarity of the state more efforts are required by the state to reach to eligible persons, kin, family persons of persons who died of COVID."

The bench further directed all the States to "to reach those children who have lost their both parents/ surviving parents and their particulars are already uploaded on Bal Swaraj portal. We direct the states to share full information and particulars to the concerned State Legal Service Authority."

It has also directed "all the States that wherever the claims are rejected, the reasons of rejection must be given to the applicants and an opportunity shall be given to correct. No claim shall be rejected on the technical grounds."

The bench has listed the matter for further hearing on February 4, 2022.

Case Title: Gaurav Kumar Bansal v. Union of India