Institute of Legal and Management Studies

The Supreme Court today refused to entertain a PIL seeking a comprehensive scheme for rehabilitation of victims and survivors of the 1983 Nellie massacre in Assam's Nagaon district, as well as reassessment of compensation amounts already awarded.

A bench of Justices Vikram Nath and Sandeep Mehta heard the matter and asked the petitioners to approach the High Court, considering the wider scope of Article 226 vis-a-vis Article 32 of the Constitution.

Advocate Warisha Farasat appeared for the petitioners and submitted that a small amount of compensation was awarded to the victims/survivors. "This is one of those cases which we come across as lawyers where we have the ability to help a large section of people. Rarely do we come across such cases" she said.

"Why can't you approach the High Court?" questioned Justice Mehta, while Justice Nath suggested that the petitioners withdraw their PIL and approach the High Court.

In response, Farasat said that the petitioners are poor farmers and pointed to the time gap in the sequence of events. She also referred to the PIL Rules to argue that a PIL can be directly filed to the Supreme Court.

Further, the counsel relied on the cases titled Mohd. Haroon v. Union Of India and Archbishop Raphael Cheenath S.V.D. v. State Of Orissa, where despite pendency of issue of compensation, Article 32 petitions were filed before the Supreme Court.

Ultimately however, the bench was not convinced to entertain the petition and dismissed it as withdrawn.

As per the petition, in 1983, organized armed groups entered the Nellie Region and attacked villagers, causing death of nearly 2,000 persons. The petitioners lost their family members and properties as a result of the attack. They received a token amount of Rs.5000 as compensation for each deceased family member. Two relatives of the petitioners, who suffered bullet injuries, received a sum of Rs.1500 each.

Aggrieved, the petitioners approached the Supreme Court seeking inter-alia "fair and adequate reparation" under Article 21 of the Constitution. They further sought setting up of a Commission to re-assess and enhance the ex-gratia compensation awarded to the victims. In addition, they prayed for housing, healthcare and educational facilities in the Nellie Region with concessions for survivors and family members of victims.

The petition was filed through AoR Srishti Agnihotri.

Case Title: RUMI BEGUM AND ORS. Versus STATE OF ASSAM AND ANR., W.P.(C) No. 833/2025