Latest news with #DelhiVictimCompensationScheme
Time of India
3 days ago
- Politics
- Time of India
Delhi High Court Rules Victim Compensation Scheme Not Applicable Retrospectively; 1984 Riot Claim Rejected
New Delhi: In a significant ruling, Delhi High Court has said the Delhi Victim Compensation Scheme (DVCS) can't be applied retrospectively, rejecting a plea for compensation by a victim of the 1984 anti-Sikh riots. Clarifying the legal position, a bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar also noted that DVCS compensation can be paid only in cases where victims have not already received money under other govt compensation schemes. The court was hearing a plea by a family that lost its breadwinner in the 1984 anti-Sikh riots following Prime Minister Indira Gandhi's assassination. Avtar Singh, a Sikh, was killed by a rampaging mob in the Raj Nagar area of Palam. The men accused were later acquitted in 1986. You Can Also Check: Delhi AQI | Weather in Delhi | Bank Holidays in Delhi | Public Holidays in Delhi | Gold Rates Today in Delhi | Silver Rates Today in Delhi The HC traced the DVCS's origin to Section 357A of the erstwhile CrPC, which dealt with victim compensation. It opined that since the scheme owes its existence to Section 357A, it should apply prospectively. It added that "retrospective application of either the provisions of Section 357A of the CrPC or the DVCS would open the floodgates for all and sundry to rake up old and stale claims seeking compensation, be it for an incident occurring just before the introduction of the scheme or three decades prior, like in the present case." by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like What does it take to be an air traffic controller in Singapore? CNA Read More Undo While rejecting the compensation claim, HC noted that the complainant, Baljeet Kaur, disclosed in an affidavit that her family had already received a total of Rs 11,90,000 from the govt for the death of her father, Avtar Singh, in the 1984 Sikh riots. "Clause 4 (of DVCS) restricts eligibility for compensation to victims or their dependents who have not been compensated for the loss or injury under any other scheme of the Central Govt or State Govt. This clarifies that the DVCS was formed as an umbrella scheme to provide relief to those victims who have been deprived of compensation through any other scheme or Act," HC noted, after amicus curiae appointed in the matter, Senior Advocate Sumeet Verma, argued that Singh's family is entitled to additional compensation under DVCS. The bench noted that the "incident in question took place in the year 1984, and since then, multiple schemes have been introduced by the Ministry of Home Affairs, Govt of India, and later adopted and implemented by state govts, including the Delhi govt. A review of these schemes shows that the total monetary benefit, without indexation, would surpass the upper limit of compensation prescribed under the DVCS. The govt has taken additional initiatives to reimburse the victims for property damage and loss, and skill development as well. " While this case was one of five reopened in 2017 due to a botched investigation into the 1984 riots, the verdict narrowed down on the issue of compensation payable, after it emerged that accused Mahender Singh Manan, also known as Mahender Sharabi, and Ram Kumar, are now dead. However, HC made it clear that its ruling won't exclude any victims affected by the riots who have not received compensation under any schemes from lodging their claims under other existing schemes. The bench directed that such claims be verified by authorities within a period of sixteen weeks of receipt and, if approved, payments be made within a period of eight weeks. Stay updated with the latest local news from your city on Times of India (TOI). Check upcoming bank holidays , public holidays , and current gold rates and silver prices in your area.
New Indian Express
28-05-2025
- New Indian Express
Delhi: Man gets life term for setting her wife on fire
NEW DELHI: A Delhi court has sentenced a man to life imprisonment for killing his wife by setting her on fire in 2014. The court held that the case did not fall under the 'rarest of rare' category. The FIR was registered at Sarai Rohilla Railway Station police station. On April 9, 2025, Additional Sessions Judge Virender Kumar Kharta found Giriraj Kishor Bhardwaj guilty of murdering his wife Kusum. During sentencing on May 17, the court rejected the plea that poverty should reduce the sentence. 'Although aggravating circumstances outweigh mitigating ones, this case does not fall within the rarest of rare doctrine,' the judge said. The defence cited Bhardwaj's poor background, first-time offender status, his ailing father. The prosecution argued for maximum punishment, noting the crime's brutality and its impact on the children. The court directed compensation to Kusum's legal heirs under Section 357A of CrPC, as per the Delhi Victim Compensation Scheme, 2018, since Kusum had died.
NDTV
27-05-2025
- NDTV
Delhi Man Gets Life In Jail For Burning Wife To Death
New Delhi: Delhi's Tis Hazari Court has recently awarded a life sentence to a man who killed his wife by burning her in 2014. The court stated that the case does not fall under the category of "rarest of rare" cases. An FIR was registered at the Sarai Rohilla Railway Station police station in 2014. The court had held the accused guilty of murder on April 9, 2025. Additional Sessions Judge (ASJ) Virender Kumar Kharta sentenced Giriraj Kishor Bhardwaj alias Shyam Nagar for murdering his wife Kusum. The court rejected poverty as a significant mitigating factor and noted that the aggravating circumstances outweighed the mitigating ones. While sentencing the convict on May 17, the court said, "In the present case, the aggravating circumstances have outweighed the mitigating circumstances, but still, the present case does not fall within the purview of the rarest of rare doctrine." During arguments on sentencing, the defence counsel requested a lenient view. It was argued that the convict belongs to the economically weaker section of society. The counsel also stated that the convict's father is a senior citizen suffering from various ailments, and his mother has already passed away. It was further submitted that the convict is a first-time offender and could be reformed. Therefore, minimum punishment should be considered. On the other hand, the prosecution sought the maximum punishment for the convict. Additional Public Prosecutor (APP) argued that the convict committed the heinous offence of murdering his wife and deserved the maximum penalty. He further submitted that the sons of the convict and the dead have suffered immensely due to the convict's actions, as they had to discontinue their studies after the murder of their mother. It was also pointed out that the elder son of the convict and the dead has become a drug addict, while the younger son, a minor, is now working as a helper to a vegetable vendor. Regarding compensation to the family members of the dead , the court said that since Kusum is already dead , the convict cannot directly compensate her legal heirs. Therefore, the court directed on May 17 that compensation will be awarded to the legal heirs of the dead Kusum under Section 357A CrPC, as per the Delhi Victim Compensation Scheme, 2018 (Part-I).
India Gazette
27-05-2025
- India Gazette
Delhi Court sentences man to life imprisonment for burning wife to death
New Delhi [India], May 27 (ANI): Delhi's Tis Hazari Court has recently awarded a life sentence to a man who killed his wife by burning her in 2014. The court stated that the case does not fall under the category of 'rarest of rare' cases. An FIR was registered at the Sarai Rohilla Railway Station police station in 2014. The court had held the accused guilty of murder on April 9, 2025. Additional Sessions Judge (ASJ) Virender Kumar Kharta sentenced Giriraj Kishor Bhardwaj alias Shyam Nagar for murdering his wife Kusum. The court rejected poverty as a significant mitigating factor and noted that the aggravating circumstances outweighed the mitigating ones. While sentencing the convict on May 17, the court said, 'In the present case, the aggravating circumstances have outweighed the mitigating circumstances, but still, the present case does not fall within the purview of the rarest of rare doctrine.' During arguments on sentencing, the defence counsel requested a lenient view. It was argued that the convict belongs to the economically weaker section of society. The counsel also stated that the convict's father is a senior citizen suffering from various ailments, and his mother has already passed away. It was further submitted that the convict is a first-time offender and could be reformed. Therefore, minimum punishment should be considered. On the other hand, the prosecution sought the maximum punishment for the convict. Additional Public Prosecutor (APP) argued that the convict committed the heinous offence of murdering his wife and deserved the maximum penalty. He further submitted that the sons of the convict and the deceased have suffered immensely due to the convict's actions, as they had to discontinue their studies after the murder of their mother. It was also pointed out that the elder son of the convict and the deceased has become a drug addict, while the younger son, a minor, is now working as a helper to a vegetable vendor. Regarding compensation to the family members of the deceased, the court said that since Kusum is already deceased, the convict cannot directly compensate her legal heirs. Therefore, the court directed on May 17 that compensation will be awarded to the legal heirs of the deceased Kusum under Section 357A CrPC, as per the Delhi Victim Compensation Scheme, 2018 (Part-I). (ANI)
India Gazette
21-05-2025
- India Gazette
Ailing 33-year-old rape survivor moves SC for medical aid, harsher sentence for convict
New Delhi [India], May 21 (ANI): A 33-year-old ailing woman, who suffers from neck-down complete paralysis, on Wednesday moved a plea in the Supreme Court seeking medical aid, compensation and enhanced punishment to cab-driver man, who subjected her to brutal repeated rape and sexual violence for 7 months, before he was convicted for rape by a Punjab court and sentenced to 10 years of rigorous imprisonment. The matter mentioned on Wednesday before a bench led by Chief Justice of India BR Gavai is listed for hearing on Friday. As per her plea, the ailing woman was subjected to prolonged and brutal sexual violence, physical assault and illegal confinement by the now convicted man, between August 2022 and March 2023. After subjecting her to the aforesaid brutality, the convict took the woman to Presidency Hotel, Jalandhar, where he raped her again after sedating her. He then called the 'One Stop Centre' hospital and falsely stated that he had found a mentally challenged and physically disabled woman on the roadside. He destroyed all her official documents before doing so. On March 8, 2023, an FIR was registered at Model Town Police Station in Hoshiarpur, based on the victims' statement. Her statements were recorded and she was sent to a protective home in Jalandhar. There, she faced harassment from the convict's family and officials, lacked medical care, and was mistreated. She was finally rescued by a friend and brought back to Delhi in December 2023. A chargesheet was filed on August 20, 2024, and on subsequently the trial court convicted the man under Section 376 IPC, sentencing him to 10 years of rigorous imprisonment. The accused man also challenged the judgment before the Punjab and Haryana High Court. Meanwhile, the victim received a letter from the Legal Services Authority requesting documents she no longer had as the convict destroyed those. As per her plea, the victim is still living without proper medical care, shelter, and is receiving death threats from unknown persons urging her not to oppose the appeal. Thus, the victim is seeking specialised medical treatment, rehabilitation, legal aid and protection by the top court. As per the grounds raised in her plea, the victim has submitted that the rape in illegal confinement of a physically disabled woman constitutes an egregious violation of Article 21 of the Constitution of India, infringing not only her bodily integrity but also her dignity, privacy, and mental well-being. The plea further adds that as per the relevant provisions of the Criminal Procedure Code, the District Legal Services Authorities (DLSAs) are mandated to provide immediate medical and financial assistance to victims, either upon application or court recommendation. Moreover, the Delhi Victim Compensation Scheme, 2018, entitles her to continuous medical and surgical care and similarly the Punjab Victim Compensation Scheme, 2017 provides for recurring treatment-related compensation, the plea states. The victim also seeks access to the complete trial court records, as she is financially and physically incapable of obtaining them herself. Without these documents, the plea states, she cannot exercise her right to file an appeal against the trial court judgment seeking enhanced punishment for the convict. She, therefore, requests that the top court direct the State to provide these records at its expense and grant her liberty to file an appeal before the Delhi High Court to ensure access to justice. Senior Advocate Shobha Gupta, advocates Namrata Mohapatra and Achalika Ahuja, are representing the petitioner. Advocate Dhiraj Abraham Philip filed her petition. (ANI)
