Delhi High Court Imposes Rs. 20K Costs On Litigant For 'Abusing' Victim Compensation Scheme Under SC/ST Act
The Delhi High Court has imposed costs of Rs. 20,000 on a litigant for “misusing and abusing” the victim compensation scheme under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela rejected the litigant's appeal who filed an FIR in 2019 under the enactment under which the victims of atrocities committed by non-SC of ST individuals are entitled to compensation.
Although chargesheet in the case was filed in October 2019, the litigant made repeated requests to the ACP and Divisional Commissioner for compensation. It was his case that the same were not answered, which compelled him to file a petition before the single judge.
He had argued that a sanction order was issued on August 21, 2020, approving only Rs.10,000 out of Rs.1,00,000.
The single judge rejected his writ petition on the ground that in a situation where the litigant and the accused amicably settled the matter, the foundational premise of victimization under the enactment was effectively negated.
Upholding the single judge order, the Bench noted that the litigant had compromised the matter with the accused on his own volition, resulting in the FIR being quashed.
The Court also observed that the single judge gave detailed reasons as to why the litigant was not entitled to receive further compensation.
It further noted that the litigant had earlier also filed an FIR under the Act against the same person in 2014 for which he was granted Rs. 2,40,000 as compensation
“Intriguingly, the FIR in the present case was registered by the appellant under the very same sections against Mr. Rakesh Singh. These instances raise grave doubts about the authenticity and veracity of the appellant's version,” the Court said.
It imposed costs so as to deter the litigant “as also any such person” from misusing and abusing the Victim Compensation Scheme formulated under the Act.
“Accordingly, we impose a cost of Rs.10,000/- upon the appellant to be deposited within 2 weeks from date with the Delhi High Court Legal Services Committee, failing which the Registrar may recover it as arrears of land revenue,” it said.
Title: BALBIR MEENA v. STATE GOVT NCT OF DELHI AND ORS