Prashant Bhushan v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10981 of 2018 ====================================================== Prashant Bhushan, S/o Ravi Bhushan Prasad Sinha, R/o MohallaKankarbagh, P.S.- Kankarbagh, P.O.- Lohia Nagar, District-Patna. ... ... Petitioner

Versus

1.

The State Of Bihar through the Secretary, Law Department, Govt. of Bihar, Patna.

2.

Bihar State Legal Services Authority, Through its Secretary ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Prashant Bhushan in Person For the Respondents :

Mr. Anjani Kumar, AAG-4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 08-01-2020 Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following reliefs: "(i) For issuance of a writ in the nature of mandamus or any other appropriate writ/writs, order or direction to the state government for setting up a time bound committee, constituting of people having experience in victimology, to review the Bihar Victim Compensation Scheme, 2014 and (ii) For issuance of a writ in the nature of mandamus or any other appropriate writ/writs, order or direction to the state government to adequately publicize the Bihar Victim Compensation Scheme, 2014 and issue appropriate guidelines regarding the same and (iii) For issuance of a writ in the nature of mandamus

Patna High Court CWJC No.10981 of 2018(5) dt.08-01-2020 2/3 or any other appropriate writ/writs, order or direction to the Learned Judges of lower courts to mandatorily comply with the requirement to apply its mind on the question of compensation to be awarded in each case, by recording reasons for awarding/refusing compensation and make assessments regarding the need of interim compensation, and (iv) For issuance of a writ in the nature of mandamus or any other appropriate writ/writs, order or direction to the Learned Judges of lower courts to make an assessment on case to case basis regarding compensation in all pending cases before them and submit a report to this Hon'ble High Court regarding the same within a fixed time period."

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

Patna High Court CWJC No.10981 of 2018(5) dt.08-01-2020 3/3 We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Rajeev Kumar/- U