Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3691 of 2019 Applicant :- Sangeeta Devi Opposite Party :- Bhanu Chandra Goswami,D.M. And Another Counsel for Applicant :- Jagannath Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant and Shri Sanjay Kumar Singh, learned Addl. Chief Standing Counsel.
The applicant is before this Court against the wilful defiance of the interim order dated 13.3.2019 passed in Writ Petition No.7658 of 2019 (Sangeeta Devi v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"This is a writ petition by a victim of acid attack.
On 30th May, 2018 a Division Bench of this Court in Public Interest Litigation (PIL) No. 3648 of 2018 has passed an order directing the authorities concerned to pay Rs.1 lakh within ten days from the date of passing the order and it was further directed that the respondents shall open a bank account in the nearest nationalized bank near the residence of the victim, who is a minor girl. The said direction was issued pursuant to the instruction submitted by the Additional Chief Standing Counsel. A further direction was issued to extend medical treatment to the victim and if necessary, she should be shifted to K.G.M.U., Lucknow.
The petitioner has stated that in spite of the said order no financial assistance has been provided to the petitioner.
The petitioner is victim of the acid attack. The Supreme Court in a series of decisions has issued direction to the State Governments to pay compensation to the victim of acid attack promptly. We are at pains to note that even after the assurance given to the Court and direction issued by this Court, no payment has been made to the victim. We have called the instruction from the Chief Medical Officer, Allahabad. In the instruction again time has been sought for the payment of compensation to the petitioner. It is stated that responsibility to pay the compensation is on the local administration and the Chief Medical Officer has sent a letter on 06th March, 2019 for the necessary payment. A copy of the instruction is taken on the record.
We have perused the said instruction and we are not satisfied with the explanation of the Chief Medical Officer as there is no assurance that the amount shall be paid within a reasonable time. On the other hand, the Chief Medical Officer has clearly shifted his responsibility on the local administration. We are prima facie satisfied that the State authorities have failed to carry out the directions of the Supreme Court in Laxmi v. Union of India and others, (2016) 3 SCC 669, and Parivartan Kendra v. Union of India, (2016) 3 SCC 571.
In addition to above, the State has also not complied with the direction of the Division Bench dated 30th May, 2018 which was issued on the basis of the instruction received by the learned Additional Chief Standing Counsel.
In view of the above, we direct the Principal Secretary, Health, Govt. of U.P., to cause an enquiry and find out prima facie the officer guilty for the inaction and laxity in the matter. The report of the said enquiry be placed before this Court on 24th April, 2019.
In the meantime we direct the District Magistrate, Prayagraj (Allahabad) to ensure the payment to the victim in terms of the statement of learned Additional Chief Standing Counsel before the Division Bench on 30th May, 2018, which is quoted below:
"Heard Ms Pallavi Mishra, petitioner no.1-in person, and Mr Sudhanshu Srivastava, learned Additional Chief Standing Counsel appearing for the respondent-State.
Mr Sudhanshu Srivastava, learned Additional Chief Standing Counsel, on instructions, submits that Rs.5 lacs of compensation shall be paid to the victim (Sangeeta Patal) within a period of three months from today. First installment of Rs.1 lac, shall be deposited in her Bank account operated by her mother, the victim being minor, within ten days from today. He submits that efforts, if necessary, shall be made to open a Bank Account in the nearest nationalized Bank from their residence, within a week from today. He further submits that the victim, who is presently in the general ward, shall be shifted either to special air-conditioned room or air-conditioned ward, within 24 hours from now. He also submits that a team of doctors has already been constituted to extend medical treatment to the victim (Sangeeta Patel) and the said team, if necessary, shall also decide whether shifting of victim to KGMU at Lucknow is necessary and, if they take such a decision, they shall make all arrangements to shift her in a well-equipped Ambulance, with two doctors to accompany her to the KGMU at Lucknow. His submissions are recorded and accepted.
S.O. to 23.7.2018."
The payment shall be made expeditiously but not later than two weeks from the date of communication of this order to the District Magistrate.
The District Magistrate shall file a compliance report before this Court on the next date.
List this case on 03rd April, 2019 before the appropriate Bench. This case shall not be treated as tied-up or part-heard to this Bench."
On the matter being taken up on 30.05.2019, the Court has proceeded to pass the following order on 30.05.2019:-
"Heard learned counsel for the applicant.
Present contempt application has been filed alleging wilful disobedience of the order dated 13.3.2019 passed by this Court in Writ C No.7658 of 2019 filed by the applicant wherein a Division Bench of this Court directed as under:-
"We have perused the said instruction and we are not satisfied with the explanation of the Chief Medical Officer as there is no assurance that the amount shall be paid within a reasonable time. On the other hand, the Chief Medical Officer has clearly shifted his responsibility on the local administration. We are prima facie satisfied that the State authorities have failed to carry out the directions of the Supreme Court in Laxmi v. Union of India and others, (2016) 3 SCC 669, and Parivartan Kendra v. Union of India, (2016) 3 SCC 571.
In addition to above, the State has also not complied with the direction of the Division Bench dated 30th May, 2018 which was issued on the basis of the instruction received by the learned Additional Chief Standing Counsel.
In view of the above, we direct the Principal Secretary, Health, Govt. of U.P., to cause an enquiry and find out prima facie the officer guilty for the inaction and laxity in the matter. The report of the said enquiry be placed before this Court on 24th April, 2019.
In the meantime we direct the District Magistrate, Prayagraj (Allahabad) to ensure the payment to the victim in terms of the statement of learned Additional Chief Standing Counsel before the Division Bench on 30th May, 2018, which is quoted below:
"Heard Ms Pallavi Mishra, petitioner no.1-in person, and Mr Sudhanshu Srivastava, learned Additional Chief Standing Counsel appearing for the respondent-State.
Mr Sudhanshu Srivastava, learned Additional Chief Standing Counsel, on instructions, submits that Rs.5 lacs of compensation shall be paid to the victim (Sangeeta Patal) within a period of three months from today. First installment of Rs.1 lac, shall be deposited in her Bank account operated by her mother, the victim being minor, within ten days from today. He submits that efforts, if necessary, shall be made to open a Bank Account in the nearest nationalized Bank from their residence, within a week from today. He further submits that the victim, who is presently in the general ward, shall be shifted either to special air-conditioned room or air-conditioned ward, within 24 hours from now. He also submits that a team of doctors has already been constituted to extend medical treatment to the victim (Sangeeta Patel) and the said team, if necessary, shall also decide whether shifting of victim to KGMU at Lucknow is necessary and, if they take such a decision, they shall make all arrangements to shift her in a well-equipped Ambulance, with two doctors to accompany her to the KGMU at Lucknow. His submissions are recorded and accepted.
S.O. to 23.7.2018."
The payment shall be made expeditiously but not later than two weeks from the date of communication of this order to the District Magistrate.
The District Magistrate shall file a compliance report before this Court on the next date.
List this case on 03rd April, 2019 before the appropriate Bench. This case shall not be treated as tied-up or part-heard to this Bench."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite parties on 18.3.2019 but the opposite parties have wilfully not complied with the order and no compensation is being paid to the petitioner till today. Thus the opposite parties have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out.
Let a copy of the contempt application be given to Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel to seek instructions in the matter.
Put up this matter as fresh tomorrow i.e. 31.5.2019 at 12.00 noon.
Meanwhile, if the directions of the writ Court are not complied with, the opposite parties shall remain present before this Court tomorrow."
In response to the aforesaid order, Shri Sanjay Kumar Singh, learned Addl. Chief Standing Counsel has placed the instructions dated 31.5.2019 sent by Opposite Party No.3 informing that payment of Rs.1 lac as first installment has been ensured by the opposite party on 11.3.2019 and remaining Rs.4 lacs has been paid on 24.05.2019. The photocopy of the pass book has also been appended along with the instructions. As such it is contended that compliance has been made of the order in question.
The Court has proceeded to examine the record in question and find that sufficient compliance has been made of the order in question.
Consequently, the contempt application stands disposed of. Notices, if any, stand discharged. The instructions are taken on record.
Order Date :- 31.5.2019 SP/