Excelsior Correspondent
Srinagar, Sept 30: The High Court has directed for ex-gratia relief to the victim who has suffered on account of damage to his property in a militant activity.
Quashing the order of Deputy Commissioner Doda whereby the claim for ex-gratia relief on account of damage of property by the unknown militants, Justice M A Chowdhary set aside the order of the DC Doda with the direction to him to sanction an amount of Rs 2 lakhs in favour of the petitioner-Mohammad Saber as ex-gratia relief for the loss that he has suffered on account of damage to his property in a militant activity within six weeks.
Saber asserted in his petition that on the intervening night of 9th/10th November, 2003, some militants with the help of local persons looted and set on fire his house and other properties in his absence and a case was registered at the local Police Station against the five local persons and the militants involved in the crime.
It has been alleged that the Deputy Commissioner, Doda did not act upon the report of the Committee as formulated and rejected the claim of the petitioner as he was under obligation being competent authority to grant ex-gratia in terms of Government order as no right of being heard was granted to the petitioner before passing the impugned rejection order.
Authorities filed the objections to the plea of petitioner asserting therein that his house was set ablaze in the intervening night of 09th/10th November, 2003 by some private persons with the assistance of some militants on some personal grudges, as a result of which, FIR No. 136/2003 was registered at Police Station, Gandoh for commission of offences punishable under Sections 436 & 427 RPC.
Court has been informed that a detailed report was received from the office of Senior Superintendent of Police, Doda which stated that a criminal case was registered vide FIR No. 136/2003 for commission of offences punishable under Sections 436 & 427 RPC at Police Station, Gandoh.
It was further submitted that the petitioner and his sons were involved in the murder of a woman, Shaista Begum and a case had been registered against them and a charge-sheet had been laid before the Court of law against the petitioner, for commission of criminal offence, which is sub-judice.
Authorities said, the case is not covered under relief rules for payment of ex-gratia relief as the police categorically reported that fire incident at the house of the petitioner was an outcome of his personal grudges with other private persons and the Committee developed its views based on the inputs that the case cannot be considered for payment of ex-gratia relief, as the same was not related to the militancy.
Justice Chowdhary rejected these assertions made by the authorities as evidence recorded during the trial of the case revealed that the property of Saber had been subjected to arson by some militants and there was no role of the persons, who had faced trial to either have committed any of the offences themselves or with regard to any assistance to the militants for the commission of offences.
With regard to the involvement of petitioner and his sons in a murder of a woman, the Court has clarified that every person regardless of involvement in some criminal activity or not, is entitled to protection of his property. For this court has referred the order of the Government of Jammu and Kashmir passed in early nineties whereby provision have been set for ex-gratia relief in respect of the persons killed or permanently or partially disabled directly, as a result of violence attributed to the breach of law and order or any other form of civil commotion.
“Be that as it may, however, the right of the petitioner cannot be brushed aside simply on that count. The petitioner as per the scheme laid out by the Government was entitled to grant of ex-gratia relief, as assessed by the Executive Engineer/Tehsildar with an upper cap of Rs 2 lakhs”, the Court concluded.
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