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| HC asks govt to grant ex-gratia to all entitled during turbulence | | PIL upon 2010 unrest | | Early Times Report
Srinagar, June 30: Jammu and Kashmir High Court today directed Principal Secretary Home to file within three weeks an affidavit about grant of ex-gratia relief to the next of kin of all those who were killed as a result of civil disturbance during 2010.
Hearing a Public Interest Litigation (PIL), a division bench of the court comprising Chief Justice M M Kumar and Justice Hasnain Massodi passed the direction after perusal of a status report which was accepted by the court as one time exception.
"The status report has to be filed by an officer not below the rank of Deputy Secretary as per the business rules," the bench said, recalling that in one of the earlier proceedings, it had expressed reservations to the filing of status report by Under Secretary.
"However the same has not been taken seriously. Additional Advocate general R A Khan is at pains to explain to us that it is sheer mistake and same shall not be repeated," the court said and accepted the instant report as one time exception. "We direct the state to circulate a letter by the quoting the rules. In future if the status report is filed by the person who is not competent to file the same, the matter shall be dealt with strictly and serious note of the lapse would be taken," the court said. Referring to status report, court observed that it has been clarified that out of 116 claimants, the claim has been disbursed to 105 persons and only the cases of 11 persons have been excepted for the reason that kith and kin were not killed in the civil disturbances before June 11 to 25 September 2010 and some of them have died for the reason not attributable to law and order/civil disturbances.
"The exclusion of persons from January 2010 to December 2010 (except June 11 to September 25 2010) would not be sustainable because there is no reasonable link with the object sought to be achieved by fixing a cut of date of June to September 2010," the court said, directing that all the cases between January 2010 to December 2010 need to be considered. "However it would not be meant that those cases would also receive consideration who have died due to the reason other than civil disturbances," it added. |
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