Justice for Riot Victims: Supreme Court Orders Compensation and Action in Mumbai Riots Case

The case of Shakeel Ahmed vs. Union of India & Others revolves around the tragic events of the Mumbai riots from December 1992 to March 1993. The petition, filed under Article 32 of the Constitution, sought directives for implementing the recommendations of the Justice B.N. Srikrishna Commission, which was established to investigate the communal violence and serial bomb blasts in Mumbai.

Background of the Case

The riots and subsequent bomb blasts led to the loss of 900 lives, with 168 persons missing and over 2,036 people injured. On March 12, 1993, a series of bomb explosions across Mumbai resulted in an additional 257 deaths and 1,400 injuries. The Government of Maharashtra set up the Srikrishna Commission on January 25, 1993, to investigate the riots and, later, expanded its scope to cover the serial bomb blasts.

The Commission’s report, submitted on February 16, 1998, found failures in police action, political interference, and communal hatred as primary causes of the riots. It recommended disciplinary actions against erring police officers, compensation for victims, and reforms in law enforcement.

Key Legal Issues

Whether the recommendations of an inquiry commission under the Commissions of Inquiry Act, 1952 are legally binding on the government.
Whether the government failed in implementing the recommendations, particularly in prosecuting officials and compensating victims.
Whether courts can issue mandamus directing the government to implement such recommendations.
Whether adequate compensation was provided to riot victims and their families.

Arguments by the Petitioner

The petitioner argued:

The government failed to implement the recommendations of the Srikrishna Commission, allowing guilty police officers and rioters to escape justice.
Most criminal cases from the riots were either closed or resulted in acquittals due to shoddy investigations and political influence.
Victims and their families were not given legal aid to challenge acquittals and ensure justice.
Compensation of Rs. 2 lakhs per deceased person was inadequate and delayed for many victims.
The government must reopen summary cases and ensure prosecution of those responsible.

Arguments by the Respondent (State of Maharashtra & Union of India)

The State of Maharashtra defended its actions, stating:

Most of the recommendations of the Srikrishna Commission had been implemented, including compensation to victims and disciplinary actions against erring police officers.
Some police officials had been dismissed or given minor penalties, while others were acquitted due to lack of evidence.
Legal aid was available, but the victims did not approach authorities for assistance.
The delay in paying compensation was due to procedural requirements and difficulties in tracing families of missing persons.

Supreme Court’s Observations

The Supreme Court, while hearing the case, made the following key observations:

“The failure of the State to prosecute guilty police officers and rioters effectively resulted in a denial of justice to the victims. The police not only failed to prevent the riots but also actively participated in some incidents, as recorded in the Srikrishna Commission Report.”

Regarding compensation, the Court noted:

“The delay in compensating victims is inexcusable. The government must take proactive measures to trace families of missing persons and ensure financial relief is provided without bureaucratic delays.”

Judgment Outcome

The Supreme Court issued the following directives:

The Maharashtra government must pay 9% interest on the compensation amount to victims who received payments after six months of the notification.
The government must trace and compensate legal heirs of the 108 missing persons within six months.
A special committee, headed by the Member Secretary of the Maharashtra State Legal Services Authority, will monitor the implementation of compensation and legal aid for victims.
The government must ensure the pending riot-related criminal cases are disposed of at the earliest.
The Bombay High Court must issue administrative directions for courts to expedite dormant riot cases.

Key Takeaways from the Judgment

Inquiry commission reports are not legally binding, but once a government accepts recommendations, courts can enforce their implementation.
The failure of law enforcement to protect citizens and ensure justice is a violation of Article 21 (Right to Life).
Victims of communal riots must receive timely compensation and legal assistance to challenge acquittals of accused persons.
The judgment sets a precedent for ensuring accountability of law enforcement officers involved in communal violence.

Conclusion

The Supreme Court’s judgment is a significant step toward justice for the victims of the Mumbai riots. By ordering compensation with interest, monitoring implementation, and emphasizing accountability, the Court reaffirmed the principle that victims must not be forgotten, even decades after the incident. The ruling also highlights the role of inquiry commissions in holding governments accountable for lapses in law and order.

Petitioner Name: Shakeel Ahmed.
Respondent Name: Union of India & Others.
Judgment By: Justice Sanjay Kishan Kaul, Justice Abhay S. Oka, Justice Vikram Nath.
Place Of Incident: Mumbai, Maharashtra.
Judgment Date: 03-11-2022.

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