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| Army informers killing, HC directs compensation to family members | | | Early Times Report
Jammu, Nov 3: Justice Hakim Imtiyaz Hussain of J&K High Court Jammu Wing in a petition filed by three widows of informer of Army who were killed in encounter, has directed State of J&K shall examine the case of the petitioners for grant of compensation/ ex-gratia relief at the enhanced rate and Govt employment to one member of the family of deceased.
This significant judgment passed in a petition filed by Zeeba wife of late Abdul Rehman Guth, Jana wife of late Abdul Rehman Lone and Zulekha wife of late Bashir Ahmed all resident of Tehsil Banihal seeking compensation for the death of their husbands. According to the petitioners that in the intervening night of July 21 and 22, 2002, their husbands were picked by the Army personals later their dead bodies were found in nearby Nallah on July 22, 2002. Petitioners also approached the J&K State Human Right Commission; the Commission after considering the facts and circumstances of the case has returned a finding that the husbands of the petitioners have been killed while they were in the custody of Army Personals. The commission granted ex-gratia in favour of the petitioners.
In the reply Union of India has resisted the petition on the ground that husbands of the petitioner accompanied the army personal while they were engaged in encounter with the militants. They were leading the army personals to a place where the militants have stored weapons and ammunitions. While they were proceeding towards spot, all of a sudden the militants appeared and fired at the husbands of the petitioners due to which they got killed.
Justice Hakim Imtiyaz Hussain after hearing Advocate SS Ahmed appearing for the petitioners, K K Pangotra ASGI appearing for the Union of India and Senior AAG SC Gupta appearing for the state, observed that Senior AAG appearing for the state stated that the on the direction of the SHRC Srinagar vide order dated December 3, 2007, the matter is being investigated a fresh by the crime dept. He further stated that keeping in view the presence circumstances of the present case and also the fact that the matter is sub-judice before the court for last about seven years, the state will take compassionate view in the matter to redress the grievances of the petitioner. Senior AAG SC Gupta further stated that the state would process the case of the petitioners for grant of ex-gratia relief/compensation at the enhanced rate as provided by the resent amended SRO as a special case and pass appropriate order. Compensation shall be in addition to the ex-gratia relief already paid to the petitioners. He further submitted that the respondent state would also consider the case of the petitioners for compassionate appointment under SRO 43 of 1994. Sr. AAG agreed for disposal of the petitioner on the above said grounds. JNF
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