SABANA KHATUN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) INVOKING its writ jurisdiction an acid attacked victim, approached this court against State inaction to consider her prayer for compensation in terms of the decision of the Hon'ble Supreme Court in the case of Laxmi ­vs - Union of India [Writ Petition (Crl) 129 of 2006].

(2.) IT is her case that in an incident took place on 23rd of June, 2012, the respondent no. 5 with whom she had a love affair and his family members, the respondent nos. 6 to 8 forcibly poured acid in her mouth, which caused severe burn injuries in her person both internally and externally and she has to remain hospitalised for about 18 days. After her release from hospital, sometime in the 1st week of August 2013 she reported the incident to the Chief Secretary, Government of West Bengal with a prayer for awarding compensation, but till date her case has not been considered and no compensation has been paid.

(3.) ON the other hand, the learned Counsel for the State produced a written instruction, received from the Joint Secretary to the Government of West Bengal, Department of Home and submitted that the State Government never intended to disobey the Apex Court's order and further submitted that in this State already a scheme being the West Bengal Victim Compensation Scheme, 2012 is existing covering compensation for Acid Attacked victim and now in terms of the decision of the Hon'ble Apex Court in the case of Laxmi ­vs - Union of India & Ors.(supra), the State Government is going to amend the existing scheme so far as the quantum of compensation for acid attacked victims are concerned. In this regard, he also handed over an order issued by the State Government of West Bengal, notified in Extraordinary Kolkata Gazette on November 30, 2013. It is contended according to the Sub -Section (2) of Section 357A Cr.P.C., a victim is entitled to compensation only when her case is recommended by a Court of Compensation or Legal Services Authority and not by approaching the State Government straight way and only entitled to that much of compensation as has been prescribed in the schedule of the scheme and here in this case, the victim not being referred either by a Court of Compensation or by the Legal Services Authority her claim can not be sustained. He heavily insisted that no order be passed for payment of compensation to the writ petitioner till the existing scheme that is the West Bengal Victim Compensation Scheme, 2012 is suitably amended in terms of the order of the Hon'ble Supreme Court. He lastly, contended the direction of the Apex Court being interim in nature is not binding on the State.