Release victim compensation within a week or face treasury attachment: Kerala HC warns state
The judges noted that the scheme could not be allowed to fail merely because contributions from other sources were insufficient and emphasised that the state must meet the liability through budgetary allocations if required.
The judges noted that the scheme could not be allowed to fail merely because contributions from other sources were insufficient and emphasised that the state must meet the liability through budgetary allocations if required.
The judges noted that the scheme could not be allowed to fail merely because contributions from other sources were insufficient and emphasised that the state must meet the liability through budgetary allocations if required.
Kochi: The Kerala High Court on Monday warned that it would attach the state government's treasury accounts if funds due to the Victim Compensation Fund and mediators' fees are not released within a week.
A division bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V M was hearing two pleas, including a suo motu case concerning infrastructure at mediation centres, the availability of support staff, and regular office stationery.
Last week, the court had summoned the state's Home Secretary, expressing dissatisfaction over delays in the payment of mediators' fees and victim compensation.
On Monday, the Additional Secretary of the Home Department appeared online and informed the court that the Finance Department was responsible for sanctioning the funds, while the Home Department acted only as the nodal agency for regulating and monitoring the Victim Compensation Scheme.
The bench then directed the Finance Secretary to personally appear before the court and file an affidavit explaining the delay in releasing the funds. The court also warned that it would attach treasury accounts if the payments were not made within a week. The court also criticised the delay in releasing around ₹47 crore due as compensation to victims.
The senior government pleader submitted that under Rule 3(2) of the Kerala Victim Compensation Scheme, 2017, funds are drawn from multiple sources, including state budget allocations, fines imposed by criminal courts, and corporate social responsibility (CSR) contributions.
However, the bench orally observed that the state remained responsible for ensuring the availability of funds.
The judges noted that the scheme could not be allowed to fail merely because contributions from other sources were insufficient and emphasised that the state must meet the liability through budgetary allocations if required.
The court also criticised the government for sending an Officer on Special Duty (OSD) to a meeting convened by the Kerala State Legal Services Authority instead of a senior official capable of taking decisions.
The meeting had been chaired by the Chief Justice along with senior judges of the High Court. In its interim order, the court observed that sending an officer without decision-making authority to such a meeting was inappropriate and reflected poorly on the government's approach.
The bench also raised concerns over the delay in releasing around Rs 10 crore as honorarium due to mediators and questioned the lack of progress in improving mediation infrastructure.
The senior government pleader said the Finance Department would need to sanction the funds and assured the court that a separate affidavit addressing infrastructure issues could be filed within three days.
The matter has been posted for hearing after a week.
(With LiveLaw inputs)