"Whether Compensation Under Delhi Victim Compensation Scheme Can Be Claimed For Offence Committed Outside Delhi?": High Court To Examine In Aftab Alam Lynching Case

The Delhi High Court is set to examine the question as to whether compensation can be claimed by the legal heirs of deceased person under the Delhi Victim Compensation Scheme, 2018 in the case concerning the alleged lynching of Aftab Alam, a taxi driver, who was found stabbed with strangulation marks, in his taxi near a village in UP's Gautam Buddh Nagar last year.

While issuing notice in the matter, a single judge bench comprising of Justice Rekha Palli sought response of the Delhi State Legal Services Authority through Special Secretary and posted the matter for further hearing on August 28.

The development came in a plea filed by the son of Aftab Alam, sole bread-winner and supported the family by driving a self-owned taxi, whose family is survived by three sons and a wife.

On 6th September last year, an FIR was registered on petitioner's complaint under sec. 394, 302 and 201 of IPC.

Narrating the facts of the case, the plea states thus:

"The horrific nature of the crime is further established by a recording of the last call made by the deceased to the Petitioner, in which his father did not speak and noises could be heard in the background. Petitioner recorded the said call, and could hear drunk-sounding passengers in the car. At 8:39 minutes, one of the men can be heard saying, "Jai Shri Ram bol, bol Jai Shri Ram." After 11 minutes, at 19:41 minutes, one of the men can be heard saying "Saans ruk gayi". The Applicant/dependent recorded the call for next 40 minutes until his father's phone got switched off."

The petitioner had filed an Application for the grant of Monetary Relief / Compensation under Part I of the Delhi Victims Compensation Scheme, 2018 to the Delhi Legal Services Authority. 

However, the said was declined taking the view that, since the incident occurred in Gautam Buddh Nagar District, Uttar Pradesh and the related FIR was also registered at PS Badalpur, Gautam Buddh Nagar, the Delhi Victim Compensation Scheme has no application in the instant case.

In view of this, the petitioner avers that such a view is erroneous and completely unsupported by the Scheme and by Section 357A CrPC.

"Pertinently, the loss and injury to the Petitioner, that is, the effects of the crime, are in the territorial limits of the NCT of Delhi and any measures for rehabilitation will also be undertaken here. The amounts granted as compensation, therefore, must necessarily keep in mind the costs of counselling, education, loss of earnings etc., in Delhi. It is therefore logical that such consideration be under the Delhi Scheme and not the UP Scheme." The plea reads.

During the course of hearing on Thursday, Advocate Tara Narula representing the petitioner submitted before the Court that under the aforesaid Scheme, there is no bar that the compensation will not be payable to the dependents/heirs of person, who was an resident of Delhi, even though the offence leading to his demise, as also the subsequent registration of FIR, has been done at a location outside the NCT of Delhi. 

It was also contended that denying compensation to the victims in the present case i.e. the immediate family members of the deceased, on the sole basis that the crime did not occur in Delhi, would be contrary to the victim-centric nature of the Scheme.

The petitioner was represented by Advocates Tara Narula, Nupur Aggarwal and Tamanna Pankaj.

The petition seeks the following prayers:

- Set Aside the Impugned Decision of the Respondent Authority dated 05.03.2021, Ref.: 003/DSLSA/LAW/DVCS/ 2020/2946-2948 vide which the Petitioner's Application for the Grant of Monetary Relief under Part I of the Delhi Victim's Compensation Scheme, 2018 was forwarded to the UP State Legal Services Authority.

- Direct the Respondent Authority to withdraw Letter dated 05.03.2021, Ref.: 003/DSLSA/LAW/DVCS/2020/2946-2948, sent to the UP State Legal Services Authority and seek return of the Petitioner's Application.

- Pass an appropriate writ directing the Respondent Authority to expeditiously decide Petitioner's Application for the Grant of Monetary Relief /Compensation in terms of the factors elucidated in Clause 8 of the Scheme.

Title: MOHD. SABIR v. DELHI STATE LEGAL SERVICES AUTHORITY THROUGH SPECIAL SECRETARY

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