2010 Mirchpur Dalit Killings: P&H High Court Rejects Plea Seeking ₹1 Crore For Deceaseds' Kin, Calls Approach 'Commercial'

The Punjab and Haryana High Court has dismissed a plea seeking ₹1 crore in compensation for the kin of the deceased in the 2010 Mirchpur Dalit killing case. For context, In 2010, 254 families of the Balmiki community had to flee Haryana's Mirchpur as a result of the caste-based violence.The Court noted that in case of death, lump sum of Rs.15 Lakhs has been paid to the victims' family and ex-gratia permanent job to their children and government accommodation with gunman.A division bench of Chief Justice Sheel Nagu and Justice Nidhi Gupta said, "It may also be pointed out that the Review-Petitioners have sought compensation of Rs.1 Crore in case of death and Rs.25 lacs in case of injury. This Court is therefore, constrained to observe that the entire exercise appears to have become a commercial enterprise."These observations were made while hearing a review petition against an order which disposed of the plea seeking compensation “with liberty to the petitioners to approach the competent authority in case they face any difficulty.”It was submitted that between 19-04-2010 and 21-4-2010, caste-based violence had occurred in Village Mirchpur in Hissar, Haryana. It was the case of the petitioners that as the atmosphere of the village remained tense and hostile to their caste, 130 Dalit families had migrated to Tanwar Farmhouse belonging to a Dalit activist, situated about 60 km from Mirchpur Village. It was pleaded that at the farmhouse, which is spread over 3 1/2 acres, 130 families lived in hutments shared by upto 5 members of a family and with plastic sheets for roof. These families were not willing to return to Mirchpur in fear of further violence; and continued to live there as refugees in pitiable conditions, the plea contended.The plea was also filed before the Supreme Court seeking arrangements for the accommodation of the 150 victim families who have been displaced from their village in District Hisar, within the State of Haryana, to maintain them by paying ₹10,000 per month, to rehabilitate them and pay compensation.The Apex Court issued various directions to the State to provide food grain and employment.Counsel appearing for the petitioner submitted that despite passage of time, the victims of village Mirchpur violence continue to live in abysmal, inhuman, unsafe and unhygienic condition in tents. It was submitted that several persons are sharing the same tent.State counsel pointed that for the 254 families that had fled the village of Mirchpur, 258 plots have been provided. He strongly controverted the assertion of the petitioners that there are still 15 families remaining to whom no plots have been allotted. It was highlighted out that each of these 15 persons or their family members have been allotted plots. All the victims have not just been rehabilitated but have also been given jobs and monetary compensation, the State added.After hearing the submissions, the High Court noted that all victims have been allotted plots and in case of death Rs. 15 Lakh has been granted to their families.Referring to the reply filed by the Special Secretary to Government, Haryana, Home Department in 2016, the Court noted that as per information received from District Authorities after the incident of 2010, approximately 40-45 families had continued to reside in the village Mirchpur. "Only 33 families had migrated from Mirchpur, who had also subsequently returned to the village; and that these families had never made any complaint against any co-villager regarding any threat or violence," the Court noted.It added further that as such, "it is not clear as to why the present petitioners for such like displaced persons/victims also cannot go back to the village Mirchpur to reside peacefully with their co-villagers."The Court noted that various relief have already been provided by the Government like in case of injury, insult or annoyance, total amount of Rs.13 lacs has been disbursed to 52 injured persons, Under the Contingency Plan of the State Government daily use item amounting to Rs.41,05,570 has been distributed to the affected families.When confronted with these facts and figures, counsel for the Review-Petitioners still repeatedly continued to maintain that the said facts, figures and Reports are all incorrect, Court noted. The bench observed that despite repeated queries by the court, the petitioners' counsel was unable to demonstrate as to how and in what manner these Reports, facts and figures were incorrect.Granting leave to the petitioners to approach the competent authority in case any grievance is still surviving, the plea was dismissed.Title: Jaswant and others v. State of Haryana and othersMr. Zaid Haider, Advocate for the review applicant/petitioners.Mr. Naveen S. Bhardwaj, A.A.G., Haryana.Citation: 2025 LiveLaw (PH) 304Click here to read/download the order

2010 Mirchpur Dalit Killings: P&H High Court Rejects Plea Seeking ₹1 Crore For Deceaseds' Kin, Calls Approach 'Commercial'

Aiman J. Chishti

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