Excelsior Correspondent
Srinagar, Apr 23: Jammu and Kashmir High Court today directed the Government to consider and take a decision over granting of ex-gratia relief to the next of kins of 15 youth who were killed in alleged police firing in 2010.
A Division Bench comprising Justices Mohammad Yaqoob Mir and Hasnain Masoodi while hearing a public interest filed by advocate Imtiyaz Ahmad Sofi over the killings of youth in 2010 unrest directed the state respondent to file compliance by next date of hearing.
“The respondents shall accord consideration to the grant of ex-gratia relief of Rs. 5 lakhs in accordance with norms in favour of said 15 cases, regarding the persons who lost their lives in the year 2010 itself irrespective of time limit,” the Bench directed.
The court also directed the state through its counsel Reyaz Ahmad Khan to file compliance report with the earlier direction passed by this court in June, 2013 within three weeks as the direction has not been complied with till date.
The court had while granting last opportunity to the state to answer as to how the Commission of Inquiry (CoI) was going into only 17 cases and why other cases were left out from the purview of the Commission.
The Bench said if the Government decides to revive the commission then this question also requires to be answered.
The Counsel for Union Government Showkat Ahmad Makroo informed the court that 102 cases have been settled and an ex-gratia relief of Rs 5 lakhs each to the next of kins of killed persons has been paid to them and in remaining 15 cases decision has not been taken yet.
The court after perusal of the compliance report filed by Director General of Police expressed dissatisfaction as it stated that the CoI appointed into the 2010 killings stands expired and no useful purpose would be served by constituting a ‘denovo commission’.
The report said that the commission appointed vide notification SRO-283 had a life span of three months which expired on October 29, 2010 and the tenure of CoI has not been extended till date as such it expired under the existing law.
“The constitution of a new commission would ultimately lead to proceedings before the court of competent jurisdiction as a result no purpose would appear to be served by constituting a denovo commission at this stage,” the report said.
Earlier, the Government had informed the court that the CoI has come to a halt as Justice (retired) Syed Bashir-ud-Din demitted office of Chairman SHRC on June 24, 2011, while as Justice (retired) Y. P. Nargotra tendered resignation as a member of the Commission with effect from August 21, 2011 while expressing his inability to continue its member because he had assuming office as chairman of State Accountability Commission.
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