Contempt Plea in Supreme Court Against Centre for Non-Compliance of Its Order on Ex Gratia Compensation, Covid Death Certificates
(Judicial Quest News Network)
Advocate Reepak Kansal has filed a contempt petition before the Supreme Court against the Centre for its disobedience to the top court’s Judgement dated June, 30,2021, where in the court had directed the NDMA to frame guidelines for grant of compensation to the dependents of those who died due to COVID-19, issue guide lines to simplify the process of issuance of death certificate stating the cause of death as “ death due to COVID-19” and to take appropriate steps on recommendations made by the finance Commission I its XVth Finance Commission Report.
The plea is filed through Advocate Reepak Kansal seeking to initiate contempt proceedings under Article 129 of the Constitution of India read with Rule 3(c) of the rules to regulate proceedings for contempt of Supreme Court, 1975 read with at 142 of the Constitution of India against the respondents / contemnors for wilful disobedience of the order & Judgment dated 30.06.2021 passed in Writ Petition (C) No. 544/2021 titled as Reepak Kansal Vs. Union of India and Ors.
Earlier the petitioner had filed a Writ Petition (C) no. 544 of 2021 seeking compensation for the family of the victims of epidemic of corona & issuance of death certificate to the family members of the victims of COVID.
The Supreme Court in its Judgement direct the National Disaster Management Authority to recommend guidelines for ex gratia assistance on account of loss of life to the family members of the persons who died due to Covid-19, as mandated under Section 12(iii) of DMA 2005 for the minimum standards of relief to be provided to the persons affected by disaster – Covid 19 Pandemic, over and above the guidelines already recommended for the minimum standards of relief to be provided to persons affected by Covid-19. However, what reasonable amount to be offered towards ex gratia assistance is left to the wisdom of National Authority which may consider determining the amount taking into consideration the observations made hereinabove, such as, requirement/availability of the fund under the NDRF/SDRF for other reliefs and the priorities determined by the National Authority/Union Government and the fund required for other minimum standards of relief and fund required for prevention, preparedness, mitigation and recovery and other reliefs to carry out the obligation under DMA 2005.
The court further said that the Appropriate Authority is directed to issue simplified guidelines for issuance of Death Certificates/official document stating the exact cause of death, i.e., “Death due to Covid-19”, to the family members of the deceased who died due to Covid-19. While issuing such guidelines, the observations made hereinabove in paragraph 13 be borne in mind. Such guidelines may also provide the remedy to the family members of the deceased who died due to Covid-19 for correction of the death certificate/official document issued by the appropriate authority, if they are not satisfied with the cause of death mentioned in the death certificate/official document issued by the appropriate authority.
The petition has also stated that despite having knowledge of the order, contemnors sat tight over the issue and have been maintaining an angelic silence regarding securing compliance of the order.
The petitioner pointed out that the respondent (Centre)did not fully comply with the order & Judgment dated 30.06.2021 passed by this Hon’ble Court and filed a partial compliance report bearing No. 8/2/2017- VS (MCCD) dated 03.09.2021. The respondent/ contemnors have failed to comply with the first/ main prayer of the writ petition (C) No. 544/2021 i. e. compensation to the family of victims died due to corona. (COVID-19).
Further the petitioner said that it is also pertinent to mention here that there is no application seeking extension of time filed by the respondent in Writ petition (C) No. 544/ 2021 and time of 6 week granted by this Hon’ble court was expired on 11.08.2021.
Earlier on August 16, 2021, The Apex Court had granted four weeks’ time to the Centre to frame guidelines making recommendations for payment of ex-gratia assistance to dependents of those who succumbed to COVID-19.
The Apex Court has granted more time to the respondents/ contemnors to compliance of the order & Judgment dated 30.06.2021 in M.A. No. 1120 of 2021in Writ Petition (C) No. 539 of 2021 vide its’ order dated 03.09.2021 with a direction to respondent to file a compliance report till 11.09.021 in the registry of this Hon’ble Court. Copy of order & Judgment dated 30.06.2021 passed in M.A. No. 1120 of 2021 in Writ Petition (C) No. 539 of 2021 by this Hon’ble Court is enclosed herewith
Pursuant to court’s direction the Central government in its compliance affidavit told the Supreme Court that it had framed guidelines to simplify the process of the issuance of COVID-19 death certificates in compliance with the directions in the judgement passed on June 30.
It was also stated in the affidavit that the Union Ministry of Health and Family Welfare and the Indian Council for Medical Research had jointly issued guidelines on September 3 for issuance of an “official document” on COVID-19 deaths.
It was also mentioned in that affidavit that the office of the Registrar General of India (“ORGI”) has issued a circular on 3rd September,2021 to provide a Medical Certificate of cause of Death to the next of kin of the deceased.
During the course of hearing Advocate Samir Sodhi while submitting that he was sure that the Solicitor General would look into all issues pointed out by the Top Court had said that he had assured his clients that there would not be any need to initiate contempt proceedings against centre.
