Read Time: 07 minutes

The Supreme Court on Monday has reserved its order on the issue of tackling fake COVID-19 certificates being issued and limiting the time period for claiming the ex gratia compensation for the kin of people who died due to COVID-19.

A bench of Justice MR Shah and Justice BV Nagarathna said, "We’ll give 6 weeks time for the deaths that have already occurred and for the deaths occurring later, we'll give 90 days. Other than that, if there is some emergency, the delay may be condoned, if it can be condoned in the Supreme Court then it can be for others also”.

The bench was hearing a plea seeking ex-gratia monetary compensation to the families of deceased who succumbed to Covid-19 infection in view of  Section 12 of The Disaster Management Act, 2005.

Solicitor General Tushar Mehta informed the bench that an IA has been moved and that the Central Government, with the help of the State government should be allowed to conduct a sample survey on fake certificates and reach a conclusion.

"Other than that, a limit may be put to claim ex gratia compensation for 4 weeks," Mehta added

However, Justice Shah in this regard said that, "It may not be an appropriate time period, they may be in shock and 4 weeks may not be a good time." Whereas, for the sample survey J Shah suggested that, "You may focus on 2-3 states where the number of registered deaths and claims have a difference."

In addition to this, Senior Advocate R Basant appearing for State of Kerala submitted that, "I would suggest District Legal Service Authority, may with a Judge monitor this as this is coming from Your Lordships and it is being implemented."

“Som transparency may be kept and judicial intervention may be there. It can not be left for someone's arbitrariness," Basant added. Justice Shah said that, "It is sample-based, don't take it as State Vs. Centre, we'll consider what can be done."

Advocate Gaurav Kumar Bansal, petitioner in the matter submitted that in the Hindu culture, rituals go on for 30 days, then a period of 90 days for filing claims may be sufficient.

The bench has reserved its order while indicating that they'll give 6 weeks time for the deaths that have already occurred and for deaths occurring later we'll give 90 days time. "Other than that if there is some emergency delay may be condoned, if it can be in the Supreme Court it can be for others also," the bench added.

Earlier, the bench had posted the matter for hearing on Monday while asking Mehta to submit its application and making suggestions for dealing with the issue of fake certificates.

The bench had also reiterated its anguish over the fake certificates being issued by the Doctors in view of the attempts of family members of the persons who died of Covid-19 to receive ex gratia compensation.

Earlier, the bench had been informed that some doctors are issuing fake certificates for the purpose of filing applications to receive the ex gratia compensation and they are also suggesting similar treatment in other diseases as well for families to avail said benefit. Whereas, the bench had sought suggestions to deal with the issue of doctors issuing fake Covid-19 certificates

Case title: Gaurav Kumar Bansal Vs Union of India