Supreme Court mulls CAG probe in fake Covid death claims
The bench added that if some officers are also involved in it, then it is “very serious”
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New Delhi: The Supreme Court on Monday reiterated its concern regarding fake claims for Covid death compensation and that it may direct a probe by the Comptroller and Auditor General of India (CAG) in this matter.
It suggested that inquiry into alleged fake death claims could be entrusted to the government auditor's office.
A bench of Justices MR Shah and BV Nagarathna said: "We never visualised that this kind of fake claims could come. It's a pious world. We never thought this scheme could be misused."
The bench added that if some officers are also involved in it, then it is "very serious".
As advocate Gaurav Kumar Bansal pointed out at the Section 52 in the Disaster Management Act, which addresses such concerns, Justice Shah said: "We need somebody to file a complaint." Counsel suggested a random examination of the compensation claims by the state legal services authorities. During the hearing, the top court said its earlier order regarding ex-gratia of Rs 50,000 to the family members of those who succumbed to Covid is "very clear" and the payment is to be made for each death. The bench made this observation while dealing with an application filed by the Assam government, seeking clarification whether each of the children of the deceased parents would be paid compensation, in case there is more than one child.
The bench clarified that ex gratia payment of Rs 50,000, ordered by it, is to be paid for each death due to Covid-19 and not to each child of the affected family.
In January, the top court had directed all the state governments to reach out to those children, who have lost their parents to the viral disease, and pay them compensation.
On March 7, the Supreme Court expressed concern at doctors issuing fake medical certificates to people for claiming ex-gratia compensation for Covid deaths, and added that it might order a probe into the matter.
The Centre had submitted that an outer limit may be fixed for submitting Covid death related claims, otherwise the process will become endless, and added that some state governments have come across fake medical certificates issued by doctors. Solicitor General Tushar Mehta also pointed out that the apex court's order on ex-gratia compensation, through a doctor's certificate, has been misused in certain cases.
Expressing concern on fake medical certificates, the bench said: "What is worrying is the fake certificate given by doctors... it is a very serious thing."
It also agreed with Mehta's submissions that there should be a time limit for registering Covid death claims. "There must be some time limit, otherwise the process will go endlessly....".
The top court was hearing a plea filed by Bansal in connection with the disbursal of ex-gratia compensation by state governments to the families of Covid victims. It is monitoring the disbursal of Rs 50,000 ex-gratia for Covid-19 deaths by various state governments.
