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Supreme Court of India 2022-03-24 disposed

Gaurav Kumar Bansal vs Union of India & Ors

Bench: 2 — M.R. Shah

In Brief

The Supreme Court addressed the implementation of COVID-19 ex-gratia relief by fixing time limits and scrutiny procedures to prevent fraudulent claims. The Court mandated that claims for deaths occurring before 20 March 2022 must be filed within 60 days, and future claims within 90 days of death. The NDMA and Ministry of Health and Family Welfare were directed to conduct random scrutiny of 5% of applications filed by select States (Andhra Pradesh, Gujarat, Kerala, Maharashtra) to detect false claims. The Court clarified that false claims under the Disaster Management Act, 2005 are punishable under Section 52, and those making fraudulent claims shall face prosecution. The measure aims to balance genuine claimants' interests with preventing abuse of the relief scheme.

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Disaster Management COVID-19 Relief Ex-gratia Payment Criminal Law Administrative Procedure Fraudulent Claims Constitutional Remedies

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