‘Can’t issue direction to Parliament’: SC junks compensation PIL

New Delhi, Oct 5 : The Supreme Court on Monday declined to entertain a PIL, seeking direction to the Parliament to enact a law providing uniform compensation for persons who are affected by violence and other tragedies.

A bench comprising Justices D.Y. Chandrachud, Indu Malhotra and Indira Banerjee said: “The law on the point is well-settled. No mandamus can be issued to Parliament as a legislating body to enact legislation. The prayers are hence misconceived. Moreover, whether any scheme should at all be framed by the executive is a matter of policy. We, therefore, decline to entertain the petition under Article 32 of the Constitution.”

The plea filed by advocate B.S. Rajesh Agrajit urged the apex court to issue directions to the Centre to formulate a “one nation one compensation scheme” for awarding service as compensation due to deaths or injuries due to terrorism or Maoist violence or mob lynching etc, to martyrs, rape victims, stampede and riot victims, government employees’ death on duty, Covid 19 warriors, custodial deaths, Bhopal or Vizag gas leak etc.

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The petitioner requested the top court to also issue directions to the Centre to formulate a scheme for individuals who suffer losses due to riots, agitation or any type of incident in any form, within a time limit, as well to fix the responsibility of the officer or association for such loss within a time limit.


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