New Delhi, Sep 1 (UNI) The Supreme Court today refused to entertain a public interest litigation (PIL) seeking a comprehensive rehabilitation scheme for the victims and survivors of the 1983 Nellie massacre in Assam’s Nagaon district, along with a reassessment of the compensation amounts already awarded.
A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta heard the matter and advised the petitioners to approach the High Court, noting that the wider scope of Article 226 of the Constitution would be more appropriate than invoking Article 32.
Appearing for the petitioners, Advocate Warisha Farasat submitted that only a meagre amount of compensation was awarded to the victims and survivors.
She urged the court to consider the matter as one affecting a large section of society, stating, “This is one of those cases where we have the ability to help a large section of people. Rarely do we come across such cases.”
However, Justice Mehta questioned why the petitioners had not moved the High Court, while Justice Nath suggested that the PIL be withdrawn and filed before the High Court.
Farasat pointed out that the petitioners were poor farmers and cited the long passage of time since the massacre, while also relying on precedents such as Mohd. Haroon v. union of India and Archbishop Raphael Cheenath v. State of Orissa, where Article 32 petitions were entertained despite pending issues of compensation.
Ultimately, the Bench declined to entertain the PIL, which was dismissed as withdrawn.
According to the petition, organised armed groups had entered the Nellie region in 1983, killing nearly 2,000 people.
Petitioners lost family members and property in the attack, and were granted only Rs. 5,000 per deceased family member and Rs. 1,500 to two injured relatives.
They sought “fair and adequate reparation” under Article 21 of the Constitution, a Commission to reassess and enhance compensation, and measures for housing, healthcare, and education facilities with concessions for survivors and victims’ families.
