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| DB seeks status report about CoI into 2010 killings | | Directs Govt to consider ex-gratia relief in 15 more cases | | Early Times report
Srinagar, Apr 23: A Division Bench of Jammu and Kashmir High Court has directed the state government to file status report about Commission of Inquiry (CoI) set up to probe the killings during 2010 unrest.
Hearing a Public Interest Litigation, the bench comprising Justice Mohammad Yaqoob Mir and Justice Hasnain Massodi directed the state to file status report in terms of the order about the CoI passed on June 6 2013.
As per the order, the Division Bench, then headed by Chief Justice M M Kumar, had asked government to inform the court how the Commission was inquiring into only 17 cases and why other cases were left out from its purview if government decides to revive it.
More than 100 persons were killed in firing and teargas shelling allegedly by police and paramilitary CRPF during the summer uprising of 2010.
Subsequent to the order, Director General of Police had filed a compliance report, stating that the Commission of Inquiry stands expired and no useful purpose would be served by constituting it afresh.
The DGP had submitted that the government had earlier ordered a Commission of Inquiry vide notification SRO 255 dated 26-6-2010 and subsequently vide notification SRO no 283 dated 29-7- 2010, the government constituted a new commission to probe the matter.
"The Commission so appointed had a life span of three months from the date of issuance of the notification which expired on 29/10/2010. The tenure of the Commission of Inquiry has not been extended till date and hence the Commission of Inquiry stands expired and under the existing laws it was not found feasible to restore this already constituted Commission to start working from the stage of work left-over earlier," the report said.
The DGP had also submitted that as many as 78 cases were registered in Kashmir valley regarding 117 deaths-as mentioned by the petitioner in the PIL-that took place during the summer unrest of 2010.
"Investigation in respect of 76 cases has already been finalized and the chargesheets/final reports have been submitted before the Courts of Competent Jurisdiction," states the report.
However, counsel representing the petitioner objected to it and said that it was for the state government to take a decision about it.
Meanwhile, considering the matter regarding ex-gratia relief so far granted to next to the families of deceased, government stated that 102 cases have been settled and ex-gratia relief of Rs.5.00 lacs each has been paid to them whereas regarding remaining 15 cases, decision as yet has not been taken.
"Irrespective of the time limit, as has been assumed to be 02.10.2010, the respondents shall accord consideration to the grant of ex-gratia relief of Rs.5.00 lakh in accordance with norms in favour 15 cases, regarding the persons who lost their lives in the year 2010 itself," the court said. |
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