File picture of Amit Kumar, the Delhi Police constable who died of Covid-19 on May 5, 2020
| Photo Credit: Special Arrangement
The Delhi High Court has told the AAP government that it was bound by its public announcement for a compassionate payment of ₹1 crore to the kin of Delhi Police Constable Amit Kumar, the first policemen who died on duty during the first wave of Covid-19.
Kumar died of the virus on May 5, 2020, while he was posted at Deep Chand Bandhu Hospital, Delhi, to ensure adherence to Covid-19 lockdown measures. His wife Pooja was expecting their child at the time of his death.
Chief Minister Arvind Kejriwal had then tweeted that the family members of the deceased constable will be given ex-gratia amount of ₹1 crore. However, over two-and-half years since, Pooja is yet to receive the amount.
Justice Prathiba M. Singh said that the Delhi government “ought not to resile from the clear announcement made for ex-gratia payment”.
“There is clear communication and messaging in the public domain via social media which leaves no manner of doubt that the ex-gratia amount of ₹1 crore was announced for the petitioner’s husband,” the judge said adding that the compensation due to the wife of the deceased “can no longer be delayed”.
“Accordingly, let the matter be placed before the aforementioned Group of Ministers as per the cabinet decision dated March 13, 2020. The decision taken shall be placed on record by January 15, 2023,” the High Court ordered.
Pooja had moved the High Court in June 2021 seeking direction to the Delhi government to “keep their words” and to release the ex-gratia amount as promised by them.
Her counsel argued that the orders issued by the Chief Secretary, Delhi during the Covid-19 pandemic, exercising powers under the Disaster Management Act, 2005 required Delhi Police personnel to be posted for Covid-19 duty across Delhi. “Thus, it cannot be argued by the Respondents (Delhi government) that the Petitioner’s husband was not on Covid-19 duty,” her plea said.
She relied on a Cabinet decision of March 13, 2020 which approved compensation of ₹1 crore compensation for death of any person including doctor, nurse, paramedical staff, security/sanitation staff of any other government officer/official, including police official deployed for Covid-19 duties by Delhi government.
The Delhi government’s counsel submitted that in the present case, as per the cabinet decision, a decision can be taken by the Minister of Health through the Minister of Revenue with the approval of the Chief Minister.
The counsel urged the High Court to send the matter for consideration to the Group of Ministers.
Taking note of the submission, the High Court said, “The present case requires an empathetic consideration. It is not in doubt that the Petitioner’s husband Amit Kumar had died during Covid-19 duty”.
The High Court said it consider the decision taken by the Group of Ministers on the issue on February 2 next year.
