Supreme Court Directs Interim Ex-Gratia Payment to Heirs of Deceased in Criminal Case. Court ordered the State of Gujarat to provide immediate financial assistance to the heirs of Sohrabuddin Sheikh due to the circumstances surrounding his death. The court emphasized the necessity of interim relief in such cases.

  • 2
Judgement Image
Font size:
Print

Case Note & Summary

The Supreme Court of India addressed the matter concerning the heirs and legal representatives of the deceased Sohrabuddin Sheikh, who sought an interim ex-gratia payment. The petitioners included Zebunissa, the mother of the deceased, and his brothers Rubabbuddin, Shahbuddin, Shahnawazuddin, and Nayabuddin. During the proceedings, the court considered the request for financial assistance and heard submissions from both sides. The learned senior counsel for the State of Gujarat, Mr. Mukul Rohtagi, indicated that the State was agreeable to an interim ex-gratia payment of Rs. 10 Lakhs. The court found this to be a reasonable measure and directed the State to deposit the specified amount with the Secretary General of the Court within two weeks. The Secretary General was tasked with disbursing the funds to the heirs upon confirming their identities. The court scheduled the next hearing for September 2, 2009, at 2:00 PM to review the matter further.

Headnote

A) Criminal Law - Interim Relief - Ex-Gratia Payment - Criminal Procedure - Court directed interim ex-gratia payment of Rs. 10 Lakhs to the heirs and legal representatives of the deceased Sohrabuddin, acknowledging the need for immediate financial support. The State of Gujarat agreed to the payment, and the court ordered the amount to be deposited with the Secretary General for disbursement upon verification of identities (Paras 1-2).

Subscribe to unlock Headnote Subscribe Now

Issue of Consideration

Whether interim ex-gratia payment should be granted to the heirs and legal representatives of the deceased Sohrabuddin.

Subscribe to unlock Issue of Consideration Subscribe Now

Final Decision

The court directed the State of Gujarat to deposit Rs. 10 Lakhs with the Secretary General of the Court within two weeks for disbursement to the heirs and legal representatives of the deceased.

Law Points

  • Interim relief
  • ex-gratia payment
  • legal representatives
  • State liability
Subscribe to unlock Law Points Subscribe Now

Case Details

2009 LawText (SC) (08) 105

Writ Petition (Crl.) No. 6 of 2007

2009-08-11

Tarun Chatterjee, Aftab Alam

Mukul Rohtagi, Dave

Rubabbuddin Sheikh, Narmada Bai

State of Gujarat & Ors.

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Writ petition for interim ex-gratia payment

Remedy Sought

Interim ex-gratia payment of Rs. 10 Lakhs

Filing Reason

Financial assistance for heirs of deceased Sohrabuddin

Issues

Interim ex-gratia payment to heirs State's liability for payment

Submissions/Arguments

State agreed to interim payment of Rs. 10 Lakhs Heirs had no objection to the proposed payment

Ratio Decidendi

The court recognized the necessity of providing immediate financial support to the heirs of the deceased in light of the circumstances surrounding the case.

Judgment Excerpts

We thought it fit and proper to award some ex-gratia payment to the heirs and legal representatives of the deceased Sohrabuddin purely as interim measure. We direct the State of Gujarat to deposit a sum of Rs. 10 Lakhs with the Secretary General of this Court within two weeks from this date.

Procedural History

The matters were brought before the Supreme Court for orders regarding interim ex-gratia payment to the heirs of Sohrabuddin Sheikh.

Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
Supreme Court Supreme Court Upholds Sister's Claim in Punjab Customary Succession Dispute. Court Rules That Custom Excluding Sisters Must Be Proved and That in Absence of Proof, Hindu Personal Law Applies Under Section 5 of Punjab Laws Act, 1872.
Related Judgement
High Court Bombay High Court Allows Petition Against Dismissal of Appeal Due to One-Day Delay in Disqualification Case. Appellate Authority Under Section 16 of Maharashtra Village Panchayats Act Has Power to Condon Delay, as Held in Sangitabai Rajput.