Excerpt
A plea was filed in Bombay High Court, Goa bench challenging the decision to relinquish the state and district legal service authority from awarding compensation in the amendment made in Goa victim compensation scheme 2012.
Petitioner’s Submissions
The organization named scan Goa filed a petition through advocate J Ramaiah, a plea challenging relinquishment of the state and district legal service authority from awarding compensation and had additionally challenged clause 4 of the Goa victim compensation scheme 2012 by alleging that it discriminates against the victim who had identified the offender and also to laid down the laws of income as an essential criterion for the grant of compensation. The petitioner had submitted that the following plea assets to support the cause of victims of the abuse, crimes, and violence and members of their families who were entitled to compensation and rehabilitation under article 21 of the Indian Constitution and section 357A of the criminal procedure code.
The petitioners by relying on the 2019 national crime record bureau report, had further submitted that the state of Goa had about 140 cases of child sexual abuse and rape on to minors and that 98.6 percentage cases the accused persons were known to the victim and identified in the course of the investigation. It was also submitted that the amendment was patently illegal and without jurisdiction and is and it divested the jurisdiction of the state and district legal service authorities in assessing and awarding victim compensation from the victim compensation fund.
Petitioner’s prayer
The petitioners had prayed the court to quash and set aside the impugned notification regarding the amendment of the Goa victim compensation scheme 2012 and transfer the applications for victim compensation to the concerned District legal service authority for fresh decision.
Court’s observation
The court had observed that the petitioners had worked with about 2000 victims and members of their families who seek legal assistance or rehabilitation and hence the issue filed in the petition would be considered at the earliest.
Court’s Decision
The Bombay High Court had ordered that the rule had been issued and this petition would be finalized on 12.08.2021 and in case the respondents wished to file any response it would be done by 2.08.2021 by furnishing an advanced copy to the advocate of the petitioners.
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