Srinagar: The J&K High Court has directed government to file fresh status report regarding grant of ex-gratia relief to kith and kin of all those persons killed in “civil disturbance” from January to December 2010.
Hearing a Public Interest Litigation (PIL) filed by JKLF, a division bench of Justice Mohammad Yaqoob Mir and Justice Hasnain Massodi passed the directions while observing that an affidavit filed by Home Department was not in conformity with the direction issued on June 30.
Then, the court had directed government segregate cases by granting ex-gratia relief to those who have been killed between January and December 2010 (excluding the period from June 11 to September 25).
“However, the other cases where the death has taken place on account of the reason not attributable to civil disturbances may be segregated. An affidavit shall be filed in that regard by Principal Secretary Home within three weeks,” the court had said.
In its affidavit, the Principal Secretary Home submitted that the matter has been further examined in the Department in consultation with the officers of Police, CID and Department of Law, Justice and Parliamentary Affairs.
The names of the deceased persons mentioned in the PIL who have died between January 1 and December 31, 2010 due to causes directly attributable to civil disturbances, he said, shall be placed before the designated Committee in the Home Department for consideration of grant of special ex-gratia.
“Based on the recommendations of the Committee, a request shall be made to the Government of India, Ministry of Home Affairs for provision of special ex-gratis relief in respect of the recommended cases.”
He further submitted that the cases where death(s) has taken place on account of the reason’s not directly attributable to civil disturbances and also the cases in respect of whom special ex-gratia relief has already been sanctioned, shall be segregated as directed by the Court.
“Affidavit filed not in conformity with the directions issued on (June 30),” the court said.
Confronted with the same, Additional Advocate General R a Khan submitted that in principle the decision has been taken.
“It will take weeks time for finalizing the same,” he said urging the court to grant further time for filing the fresh affidavit.
Subsequently, the court granted two weeks time for filing fresh Affidavit “which shall be conformity with the directions issued.”