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| HC directs Govt to issue death certificates of missing Honzar cloudburst tragedy victims | | | Asif Iqbal Naik
Early Times Report
Jammu, Apr 1: High Court of Jammu, Kashmir and Ladakh has directed the government to issue death certificates to two victims who went missing after the Honzar cloudburst tragedy in Dachhan village of Kishtwar District.
The High Court directed Divisional Commissioner Jammu to consider the case of the petitioners praying for issuance of death certificates who lost their father and mother in unfortunate cloudburst incident that took place in Honzar village of Dachhan in Kishtwar District during intervening night of 27/28 July 2021 claiming lives of more than two dozen people along with the parents of the petitioners whose dead bodies were not recovered till date from the debris of the cloudburst.
As per the details available with Early Times, the High Court of Jammu & Kashmir And Ladakh passed an order in a writ petition WP (c) No. 747/2023 filed by one Danish Hussain and his minor sister and brother whereby Justice Wasim Sadik Nargal issued notices to the government directing them to file reply within two weeks with further directions that before filling the reply, the government shall accord consideration to the case of the petitioner on the same analogy as has been done in terms of communication dated 27-10-2022, wherein the Divisional Commissioner Jammu has recommended to the government for in relaxation of rules for declaring missing persons as dead.
The respondents had been further directed to place on record the said communication order along with reply on or before the next date of hearing I.e 17-4-2023.
The petitioner approached the High Court through their counsel Advocate Faheem Showkat Butt who stated in the petition that the unfortunate parents of the petitioner and 26 more persons lost their lives in cloudburst incident happened in Village Honzar, Tehsil Dachhan wherein some dead bodies were recovered from the debris, but still more than 18 dead bodies including that of father and mother of the petitioners could not be retrieved till date due to which authorities are not issuing death certificates in favour of the kith and kin of missing persons on the pretext that the said certificate can be issued only after 7 years of missing in view of the section 107 of Evidence Act.
Advocate Faheem Shokat Butt submitted that in absence of death certificate, the petitioner cannot get the benefits in the shape of GP, gratuity, leave encashment and other benefits of their deceased father and also cannot apply for compassionate appointment.
He also brought it to the notice of the court that in similar climatic in Kedarnath and in other parts of the country, their governments on the bases of circular issued by the Home Department has issued notification of death in favour of the kith and kin of missing persons and on the similar, the Divisional Commissioner Jammu vide communication Dated 27-10-2022 informed Financial Commissioner Revenue J&K that the screening committee discussed the matter; but in view of Section107 of Evidence Act, could not issue the death certificates as such on the pattern of Kedarnath natural calamity requested FC Revenue to take up the matter with the government for according the sanction to issue death certificates in favour of the kin of the missing persons in relaxation to the rules so that they can get compensation as given by the government to the kith and kin of the persons whose dead bodies were recovered. The learned counsel also relied upon the provision in the central Civil Service Regulations wherein there is a provision of granting gratuity and leave encashment to the dependents of the missing government employee even inspite waiting period of 7 years after furnishing surety bond only that they will repay the amount of missing person if was traced, but unfortunately no such provision is existing in Jammu and Kashmir civil service regulations, Act 1956.
After hearing the counsel the High Court passed the order directing the government to consider the case of the petitioner by issuing death certificates on the name of their parents.
“Meanwhile, respondents are directed that before filing their reply, they shall accord consideration to the case of the petitioners on the same analogy as has been done in terms of communication dated 27.10.2022, wherein the Divisional Commissioner, Jammu has recommended to the Government for consideration in relaxation of rules for declaring missing persons as dead. The respondents are further directed to place on record the said consideration order along with the reply, positively on or before the next date of hearing” read court order. |
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