Delhi High Court Stands Firm: Rejects Government's Bid to Withhold Rs 21 Crore for 2020 Riot Victims

The Delhi High Court on Monday declined to recall its January 2025 order directing the Delhi government to disburse Rs 21 crore to the victims of the communal violence that occurred in North East Delhi in February 2020. The compensation was recommended by the North East Delhi Riots Claims Commission (NEDRCC), established by the then Aam Aadmi Party (AAP) government in April 2020.

The current Delhi government opposed the directive, citing a Supreme Court judgment from 2009 which states that liability for loss of life or property should be borne by the actual perpetrators of violence, not the government. However, the government admitted in court that it has not yet established a mechanism to recover money from those accused or convicted for the riots.

At least 53 people, most of them Muslims, were killed and over 700 injured in the riots that began on February 23, 2020. The court, comprising Chief Justice D K Upadhyaya and Justice Tejas Karia, orally questioned the government's position: "Under the earlier judgments of the Supreme Court, you have to recover the amount from those who are responsible. Have you recovered that amount? They (victims) can’t go to them (perpetrators) to recover the amount, can they?"

Standing counsel for the Delhi government, Sameer Vashisht, responded that trials of the accused were ongoing and that no mechanism for recovery had been put in place. The court noted that the victims cannot seek compensation directly from perpetrators and that the government must evolve a mechanism for realisation of damages.

The case stems from a January 15, 2025 order by a single judge of the High Court, directing the government to disburse the compensation. The then AAP government did not oppose that order. However, the current government, which took office in February 2025, claimed that the earlier 'No Objection' was given "inadvertently" and without proper authorisation.

In September 2025, the government sought to recall the January 2025 order, but the single judge dismissed the application on May 7, 2026, stating that the justification of inadvertence "does not inspire confidence" and noting delays. The government appealed on May 29, 2026.

Opposing the appeal, counsel for the victims, Chirayu Jain, argued that the recall application was filed merely to avoid contempt proceedings following a change in government. The division Bench disposed of the appeal without interfering with the earlier orders but granted the government liberty to challenge the January 2025 order through a fresh application.

The riot victims have submitted claims totalling approximately Rs 153.69 crore, against which the NEDRCC has recommended disbursal of about Rs 21.71 crore.