Srinagar: The high court has directed the government to provide a job under SRO-43 to one legal heir of a youth shot dead by the police during the uprising over transfer of land to a religious board in 2008, observing that the state has not dispute that the row was the outcome of militancy.
Until amended by the previous NC-Congress government, only those killed in “militancy related activities” were entitled to a job under the SRO-43.
Hearing a petition filed by father of the youth, Farooq Ahmad Rather, killed on 25 June 2008, a bench of Chief Justice N Paul Vasanthakumar quashed 30 October 2013 order by the deputy commissioner Budgam, who had rejected the family’s job plea.
“It is not in dispute that (Amarnath land row) was outcome of militancy related activities. The disturbance of public peace including the violence during land row in which the petitioner’s son died, are definitely related to militancy activity and therefore, the respondents cannot deny the benefit of SRO 43 of 1994 to the family of the deceased,” the bench said, observing that the militancy related activity was not defined in the SRO.
“The object of the scheme shall be borne in mind while deciding the beneficial order,” the court said and directed the deputy commissioner to issue appointment order to one legal heir of the victim family based on his qualification within a period of six weeks.
According to the family, Farooq Ahmad Rather was killed at his home, where he was preparing for his examination.
As per the petitioner, at the time of incident, people were demonstrating against the transfer of land to SASB at a quite reasonable distance from his house.
In order to bring the situation under control the officer of JK Police and SOG at Magam resorted to indiscriminate firing, the petitioner said.
“One of the SOG personnel entered into (our) house and showered a volley of bullets at my son leading to his death,” the petitioner.
While a case FIR No (174/09) was lodged in police station Magam, its investigation was closed “as untraced”.
Abdul Rehman, the father of the slain youth had also approached State Human Rights Commission which after investigation directed government to provide the job under SRO-43 and one lakh as ex-gratia to the family.
Authorities provided ex-gratia but denied job under SRO-43, stating that family’s claim was not covered under SRO 43 and only the civilians who die as result of militancy related action are entitled to it.