New Delhi, March 21
Amid allegations of fake ex-gratia claims for COVID-19 deaths, the Supreme Court on Monday hinted at ordering random checks to ascertain the veracity of the claims processed by states.
A Bench led by Justice MR Shah said the National Disaster Management Authority (NDMA) should conduct the exercise of determining the extent of fake ex-gratia COVID-19 compensation claims as it has been vested with powers under the Disaster Management Act, 2005.
While reserving its orders on the Centre’s plea seeking sample survey for verification of fake claims, the Bench said it may focus on two-three states where registered COVID deaths and ex-gratia claims had a difference. The order is likely to be passed on Wednesday.
“We never imagined that this can be misused also. This is a very pious work and we thought that our morality has not gone so down that in this also there will be some fake claims… And if, some officials are involved, it makes it even worse. It’s a very serious thing,” the Bench had said on March 14.
Noting that the four-week deadline suggested by Solicitor General Tushar Mehta for claiming ex gratia for COVID-19 deaths may not be sufficient as the bereaved families would be distressed, the top court indicated that a period of 60 days would be given to all eligible persons and 90 days to future claimants.
Mehta maintained that there must be an outer time limit for submitting claims; otherwise, the process with regard to more than five lakh COVID deaths will go on endlessly.
Concerned over fake COVID death certificates being issued for ex-gratia compensation, the top court had on March 7 asked the government to suggest measures to curb it. “What is worrying is the fake certificate given by doctors… It is a very serious thing… Please suggest how we can curb the issue of fake certificates being issued by the doctors. It may take away someone’s real opportunity”, it had said, adding it might order a probe into the matter
Acting on PILs seeking an ex-gratia payment of Rs 4 lakh each to the families of COVID-19 victims, the Bench had on June 30 last year directed the NDMA to frame guidelines for it, saying the authority was statutorily mandated to provide minimum relief, including ex gratia to the victims of the pandemic.
On October 4, 2021, it had said that states can’t deny the ex-gratia compensation of Rs 50,000 to the next of kin of those who died due to COVID-19 solely on the ground that the death certificate didn’t mention the virus as the cause of death.
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