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| Petitioner demands ex-gratia relief | | HC directs state to examine petitioners case; pass appropriate orders | | Early Times Reporter
Jammu | June 11
Justice JP Singh of Jammu and Kashmir High Court, in a petition seeking ex-gratia relief and Rs 10 lakhs compensation for violating the fundamental rights of petitioner's deceased parents, today directed the respondents to examine the petitioner's case in terms of Government order No 723-CR (GAD) of 1990 dated July 30, 1990 and any other order issued in this behalf governing grant of ex-gratia relief to those who had suffered as a result of violence attributable to the breach of law and order and pass appropriate orders under law as to the entitlement or otherwise of the petitioner to be grant of ex-gratia relief within a period of two months.
This Court direction has been passed in a petition filed by Shado Bano through Adv AM Malik in which it has been alleged that parents of the petitioner were allegedly killed by a militant namely Jan Mohd. In the petition it has been alleged that FIR NO 158/02 registered at P/S Mahore u/s 302/120-B/121/123 RPC r/w section 7/25, 26/27 of Arms Act had not been properly investigated by the concerned investigating officer, who had erroneously shown the father of the petitioner, deceased Jamal Din to be an associate of militants. According to the petitioner, there was sufficient evidence on record to demonstrate that the father of the petitioner had become victim of breach of law and order and the accused had succeeded in eliminating both his parents.
While disposing off the petition, Justice Singh observed that respondents were allowed several opportunities to file objections to this petition. They have, however, opted not to place anything on record to oppose the petition.
AAG Mr. AH Qazi submitted that respondents would not be averse to consider the petitioner's case and in case her case was found covered by the parameters prescribed by various Government orders regarding payment of ex-gratia relief to those who had suffered at the hands of the militants and because of breach of law and order requisite orders in this behalf would be passed by the competent authority within a period of two months. On the other hand Adv AM Malik appearing for the petitioner submitted that the petitioner would be satisfied in case her petition was disposed off with a direction to the respondents to consider her case and pass requisite orders within a time frame. Court in view of the stand taken by counsel for the parties at the bar disposed off the petition with direction to the respondents regarding grant of ex-gratia relief. JNF |
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