Dismissed

Gripich Changma @ Grepish Sangma @ Kripish Sangma v. the State of Assam and 4 Ors.

Gauhati HC10 Mar 2022WP(C)/1226/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition wherein the petitioner challenged the dismissal of her victim compensation claim on limitation grounds. The court directed the petitioner to approach the appropriate appellate authority to condone the delay in filing an appeal, noting the rejection order had not been served on her.

What did the court decide?

The petitioner is directed to approach the appropriate Appellate Authority to condone the delay in preferring an appeal against the rejection order.

Gripich Changma @ Grepish Sangma @ Kripish Sangma… — Writ and Judicial Review | Gauhati HC (2022)

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GAHC010034712022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/1226/2022

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GRIPICH CHANGMA @ GREPISH SANGMA @ KRIPISH SANGMA W/O. LT. RAJEN CHANGMA R/O. VILL. EKRABARI (CHANDRAPUR PART) PANIKHAITI P.O. PANIKHAITI P.S. PRAGJYOTISPUR GUWAHATI DIST. KAMRUP (M) ASSAM PIN-781026.

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VERSUS

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THE STATE OF ASSAM AND 4 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM HOME AND POLITICAL DEPTT. DISPUR GUWAHATI-06. 2:THE ASSAM STATE LEGAL SERVICES AUTHORITY REP. BY ITS MAMBER/SECRETARY BEHIND GAUHATI HIGH COURT NEW BUILDING LATASIL GUWAHATI DIST. KAMRUP (M) ASSAM PIN-781001. 3:THE CHAIRMAN

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DIST. LEGAL SERVICES AUTHORITY KAMRUP (M) AT GUWAHATI P.O. AND P.S. PANBAZAR DIST. KAMRUP (M) ASSAM PIN-781001. 4:THE DISTRICT LEGAL SERVICES AUTHORITY

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KAMRUP (M) AT GUWAHATI REP. BY ITS MAMBER/SECY.

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P.O. AND P.S. PANBAZAR DIST. KAMRUP (M) ASSAM PIN-781001. 5:THE OFFICER IN CHARGE PRAGJYOTISPUR POLICE STATION P.O. CHANDRAPUR DIST. KAMRUP (M) ASSAM PIN-781354. -----------Advocate for : MR. R Deka Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS.

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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10-03-2022

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Heard Mr. S. I. Akand, learned counsel for the petitioner and Ms. M. Barman, learned Government Advocate, Assam for the respondents.

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Pursuant to the order dated 23.02.2022 the SEcretray, District Legal Services Authority, Kamrup (Metro) by its communication dated 01.03.2022 apprised the Court through Ms. M. Barman, learned Government Advocate, Assam that relating to the petitioner, a case was registered on 10.02.2020 as V.C. Case No.01/2020 on her application being forwarded by the Member Secretary of the Assam State Legal Services Authority by its letter dated 21.12.2019.

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Onn 31.08.2020 and on five different dates for enquiry, the said matter was adjourned due to Pandemic Covid-19 upto 12.01.2021 and on 28.01.2021, the said Case of the petitioner towards payment of victim compensation was dismissed on the ground of limitation as the applicant i.e., the petitioner herein, failed to explain the delay in preferring the said application. It is seen that in the present case the incident occurred on 07.01.2016 and the petitioner on 03.12.2019 submitted the application before the Chairman, Assam State Legal Services Authority.

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The present Secretary of the DLSA, Kamrup (Metro) also apprised the Court that the said order dated 28.01.2021 regarding dismissal of the claim towards victim compensation of the petitioner has neither been communicated to the said victim claimant, nor to the Assam State Legal Services Authority.

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Rule 7 of the Assam Victim Compensation Scheme, 2012 relates to Limitation and it reads as follows:--

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“Limitation:-

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No claim made by the victim or his dependents under sub-section (4) of Section 357-A of the Act shall be entertained after a period of six months from occurrence of the crime.”

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Further, Rule 8 of the said 2012 Scheme relates to Appeal which stipulates as follows:--

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“Appeal:-

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Any victim aggrieved of the denial of compensation by the District Legal Services Authority, may file an appeal before the State Legal Services Authority within a period of ninety days from the date of order of denial

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Provided that the State Legal Services Authority, if satisfied, for the reasons to be recorded in writing, may condone the delay in filing the appeal.”

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Considering the above and as the claim of the petitioner for her victim compensation has been rejected by the Secretary, DLSA, Assam on 28.01.2021 in V.C. Case No.01/2020 and that as she has not yet been informed about the said rejection order dated 28.01.2021 rejecting her claim for victim compensation on the ground that she failed to explain the delay in preferring the said application as provided in Rule 7 of the said Scheme, the petitioner may approach the appropriate Appellate Authority to condone the delay in preferring such appeal against the order dated 28.01.2021 as provided under Rule 8 of the said 2012 Scheme.

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With the above observation and direction, this writ petition, stands disposed of.

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JUDGE

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Comparing Assistant

Gripich Changma @ Grepish Sangma @ Kripish Sangma v. the State of Assam and 4 Ors.

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Gripich Changma @ Grepish Sangma @ Kripish Sangma v. the State of Assam and 4 Ors.

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