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Judgment
07/ 29.07.2026
By filing this writ petition, the petitioner has prayed for the following reliefs:-
"(a)To frame Scheme under Section 357-A Cr.P.C. for rehabilitating the victim - Saira Bibi (petitioner) and her family members (dependents of the deceased) whose husband Late Mazloom Ansari was killed and hanged on 18.03.2016 by the unruly elements of Bajrang Dal i.e. the so called Gau Rakshat without any justifiable reason and only in order to give lesson to the cow and oxen dealers ;
(b)To appoint the petitioner by way of compassionate appointment in view of the fact that her husband was killed by some members of Bajrang Dal on 18.03.2016 and hanged on tree along with one another namely Imteyaz Khan. Since nobody are there to look after petitioner, her five minor children and others, so she may be provided Class-IV Government job under the State Government by way of Rehabilitation Scheme so that the children of the petitioner and herself may not starve.
(c)Since petitioner has learnt that only Rs.2 Lac. has been recommended by the Government in contrary to the Judgment of the Hon'ble Supreme Court, so Judgment of the Hon'ble Supreme Court passed in the case of Suresh and further in the case of Tahseen may kindly be implemented by giving full compensation and rehabilitation.
AND / OR
(d)For issuance of any other appropriate writ or direction(s) or order(s) as Your Honour may deem fit and proper in view of the facts and circumstances of the case for doing conscionable justice to the petitioner."
Heard learned senior counsel representing the petitioner and learned counsel representing the respondents.
It is the grievance of the petitioner that she has been paid a meagre amount of monetary compensation of Rs.2 lakhs only, on account of death of her husband. He submits that husband of the petitioner was mob lynched, as a result of which he died, but only an amount of Rs.2 lakhs has been granted to her. He submits that in many other cases in the State of Jharkhand, the compensation amount up to Rs.10 lakhs, has been paid, thus the petitioner prays for framing of Scheme under Section 357-A Cr.P.C. for rehabilitating the petitioner and her family members and also for providing a compassionate appointment in Class-IV Grade, on account of death of her husband.
A Government appointment can only be granted strictly in terms of the constitutional provision. There cannot be any deviation. Admittedly, there is no Scheme to grant compassionate appointment in these types of circumstances. Thus, no appointment can be granted.
So far as grant of compensation is concerned, this Court sitting in Article 226 of the Constitution of India, cannot direct the State to make any law nor can issue mandamus to formulate any Scheme. Considering the fact that the mob lynching needs to be dealt with very sternly and the family of deceased of mob lynching must be safeguarded and they must get some stability, I direct the State of Jharkhand, to consider the issue of compensation and ensure that adequate compensation be given to the family of the deceased or the family members of the victim of mob lynching, if possible, by framing a Scheme. It will be also open to the State to consider the case of the petitioner for enhancement of the compensation amount also.
With the aforesaid observations, this writ petition stands disposed of.