Ex-gratia: SC pulls up Guj for issuing notification contrary to its directions

New Delhi: The Supreme Court on Thursday pulled up the Gujarat government for issuing a notification which is "just contrary" to the directions given regarding ex-gratia to the next of kin of those who died due to COVID-19 and said an attempt has been made to "overreach" the directions issued by the apex court.

The top court had on October 4 said that no state shall deny the ex-gratia compensation of Rs 50,000 to the next of kin of the deceased due to COVID-19 solely on the ground that the death certificate does not mention the virus as the cause of death.

The court had also said that the ex-gratia is to be disbursed within 30 days from the date of applying to the concerned district disaster management authority or the district administration along with the proof of the death of the deceased due to coronavirus and the cause of death being certified as died due to COVID-19".

The matter came up for hearing on Thursday before a bench of Justices M R Shah and B V Nagarathna.

"Having gone through the notification dated October 29, 2021, we feel that the same is just contrary to the directions issued by this court in an order dated October 4, 2021. It appears that an attempt has been made to overreach the directions issued by this court," the bench said in its order.

The bench was hearing an application seeking quashing of the October 29 resolution issued by the health and family welfare department of the Gujarat government forming a COVID-19 death ascertaining committee'. The top court said that its directions for payment of compensation to the family members of the persons, who died due to COVID-19, are very clear and there was no requirement at all of constituting the scrutiny committee to award compensation.

The direction was to constitute the grievance redressal committee in case the compensation is not paid and the family members are aggrieved and/or they are aggrieved with regard to the death certificate issued. There was no direction at all for the purpose of constituting a scrutiny committee for the purpose of issuing the certificate for getting the compensation, it said.