Govt can’t refuse relief to family of civilian killed in gunfight: SHRC

Govt can’t refuse relief to family of civilian killed in gunfight: SHRC

Orders SRO-43 benefits to kin of Asif Rashid killed in Khudwani in 2015
SRINAGAR: The State Human Rights Commission (SHRC) has directed government to provide within four weeks compassionate appointment benefits under SRO-43 to a family of civilian who was killed during a gunfight at Khudwani area in Kaimoh tehsil of Kulgam district in 2015.
The direction was passed by chairperson of the Commission, Justice (retd) Bilal Naski, while hearing a petition filed by father of Asif Rashid Tantray, the 20-year-old who according to police was killed due to ‘stray bullet’ during the gunfight in which two militants were killed by government forces on 21 June 2015. The locals however had claimed that Asif, a sole bread winner for his family, was killed in ‘cold blooded murder’.
“Since the government itself has maintained that Asif Rashid was an innocent person who got killed in an encounter between the forces and the militants, therefore, there is no reason for the government to refuse relief to the old man i.e, his father (Abdur Rashid),” the Commission said and held the father, an old-man, entitled to relief under SRO-43 which provide for compassionate appointment in government service of a person who is a family member of “a civilian who dies as a result of militancy related action and not involved in militancy related activities and total income of the family from all sources does not exceed Rs 5000 per month as assessed by the Revenue Officer not below the rank of an Assistant Commissioner.”
“Home Secretary is directed to consider the case of (Abdul Rashid) and pass appropriate orders within four weeks with compliance report to the Commission,” the SHRC said. It also directed Abdur Rashid to file an affidavit that when his son died he was unmarried.
In his complaint before the Commission, Abdul Rashid had submitted that his son was innocent and after his death “his whole life has become miserable.” He submitted that his son was unmarried like one of his three daughters.
Abdul Rashid was given a relief of Rs. One Lakh and the government had processed his case under SRO-43 but rejected it.
The Director General of Police stated before the Commission that Asif was the innocent civilian but was involved in some different offences according to FIR No.139/2010 and FIR No. 163/2010 (both incidents pertain to stone pelting).
Asif, who was working as a salesman in Samsung Service Center at Lal Chowk area in Anantnag town, was killed near his house at Redwani Bala village of Khudwani area when he ventured out to call his mother who had gone to a neighbour’s place. Asif had received a bullet in his throat and was rushed to Primary Health Centre at Frisal where doctors, who attended upon him, declared him as bought dead. The police had maintained that he died due to ‘stray’ bullet during the encounter.

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