"Fighting for Justice: A Plea for Fair Compensation in Bihar"

 


Introduction

In the High Court of Patna, two petitioners, Md. Aftab Alam and Imaroz Ahmed Khan, sought justice against the Bihar government regarding compensation for victims of violence. Their case revolved around amending a government resolution that set a maximum compensation limit of ₹2.5 lakh for destruction caused by terrorism, communal riots, caste-based violence, election-related conflicts, and other forms of collective violence.

Background of the Case

The Bihar government, through a resolution issued on September 30, 2013, established a policy that capped compensation for victims of such violence at ₹2.5 lakh. The petitioners argued that this amount was insufficient and did not align with the principles laid out by the Supreme Court in landmark cases such as Destruction of Public and Private Properties vs. State of A.P. and State of Gujarat vs. IRCG & Others.

These Supreme Court rulings emphasized that victims should receive adequate compensation to restore their losses as closely as possible to their original state before the damage. The petitioners urged the Bihar government to revise its compensation policy in line with these legal principles.

The Petitioners’ Arguments

The petitioners contended that:

  1. The current compensation limit was arbitrary and inadequate.

  2. The government must ensure justice by aligning its policies with Supreme Court guidelines.

  3. Victims of violence, whose homes and businesses are destroyed, should receive a fair assessment of damages rather than a fixed low amount.

  4. The state’s failure to provide proper relief could be challenged through judicial review.

Government’s Response

The Bihar government, represented by its legal counsel, opposed the petition on several grounds:

  • The petition was misconceived and involved disputed facts that could not be easily adjudicated.

  • The matter was not of public interest but could be handled at a local level.

  • The petitioners should raise their grievances directly with the concerned authorities rather than seeking court intervention.

Court Proceedings and Judgment

During the hearing, the court indicated that it was not inclined to grant the petitioners' request directly. However, after discussions, the petitioners agreed to submit a formal representation to the relevant government authority for reconsideration.

As a result, the court directed the petitioners to:

  • Submit a representation to the Principal Secretary (Home Department), Bihar within four weeks.

  • The government must review and respond with a reasoned decision within four months.

  • The response should be communicated clearly to the petitioners, ensuring transparency.

  • The petitioners were given liberty to approach alternative legal forums if they were unsatisfied with the outcome.

Key Legal Precedents Cited

The judgment referenced several Supreme Court rulings emphasizing the need for judicial flexibility in public interest litigation (PIL):

  1. D. N. Jeevaraj vs. Chief Secretary, Karnataka (2016) – Stressed that procedural technicalities should not hinder public interest cases.

  2. Rural Litigation & Entitlement Kendra vs. State of U.P. (1989) – Highlighted that the judiciary should prioritize social safety and hazard-free living conditions.

  3. Union of India vs. S.B. Vohra (2004) – Explained that writs like mandamus (a court order to enforce public duty) should be issued only when a clear failure of duty is established.

Outcome and Future Implications

While the court did not directly change the compensation policy, it ensured that the petitioners' grievances would be considered by the government. If the authorities fail to act fairly, the petitioners retain the right to pursue further legal remedies.

This case highlights the importance of fair compensation for victims of violence and raises crucial questions about government accountability and legal recourse for marginalized communities.

Read the full judgement Below;

https://patnahighcourt.gov.in/viewjudgment/MTUjMjUzODAjMjAxOSMxI04=-