J&K High Court orders government to pay ex-gratia to kin of Srinagar boy killed in ‘90s

J&K High Court orders government to pay ex-gratia to kin of Srinagar boy killed in ‘90s

Srinagar: The J&K high Court ordered government to pay ex-gratia relief and a job to the kin of a 14-year-old boy who was killed by unidentified gunmen close to three decades ago.
Gulzar Ahmad Mir of Srinagar’s Safa Kadal disappeared on 22 July 1992 and his family learnt he was killed by unidentified persons, a petition filed by her Taja Begum in the court stated.
She had filed writ petition through advocate Lone Altaf in 2007 seeking justice from the court after government failed to implement orders of erstwhile State Human Rights commission passed in the year 2003.
The court while upholding the single bench judgement passed in March 2016 dismissed the government’s petition challenging the order.
It said that the instant appeal is baseless, devoid of legal merit and is hereby dismissed after perusing police reports.
“We find no reason at all to differ from the report dated 3 March 2003 of the Director General of Police before the State Human Rights Commission stating that neither the missing boy nor any member of his family was involved in illegal or subversive activity,” the court said.
The court of Chief Justice Gita Mittal and Justice Dhiraj Singh Thakur pronounced the judgement after reserving it in February this year.
The court directed government to forthwith process the case for appointment of ex-gratia in terms of the 723-GR (GAD) of 1990 dated 10th July 1990 within a period of six weeks from this order.
It was further directed to government to consider the family member of the writ petitioner for compassionate appointment in terms of SRO 43 of 1994 uninfluenced by the report dated 29th December 2003 from the Additional Director General of Police (CID), J&K.
“The government shall within six weeks from today ensure payment of the amount of ?1 lakh awarded by the order dated 1 April 2003 of J&K State Human Rights Commission, if not already paid to the kin of the victim,” the court directed.
It was also said that if amount has not been paid for almost 16 years, the kin of the victim shall be entitled to simple interest at the rate of 8 percent per annum on the compensation.
“This amount shall also be calculated and paid within four weeks from today,” court directed.
The court directed that a compliance report shall be filed by the respondents within eight weeks from today.
“If the compliance report is not filed as ordered, the Registrar Judicial shall place the matter before the court for orders,” the court ordered.
Earlier, Taja Begum, mother of the deceased boy namely Gulzar Ahmad Mir had filed writ petition through advocate Lone Altaf in 2007 seeking justice from the court after government failed to implement orders of erstwhile State Human Rights commission passed in the year 2003.
She had stated that her son was the only breadwinner of the family as his husband suffers from hearing loss was unable to sustain the family.
The petition said that the family was living in abject poverty with no source of sustenance.
Taja Begum had stated that she and her husband had been blessed with a son Gulzar Ahmed Mir, who was killed at the age of 14 years in 1992 by some unknown persons.
“Despite his age, the child was stated to be supporting the family from his work as a bus conductor,” the petitioner had said.
The petitioner had stated that her son had disappeared on 22 July 1992 and after a painstaking search, Taja had gained information from police personnel that her son had been killed by unidentified persons.
“She has alleged that his son’s body was lying buried at Police Station Handwara to which police in a report had stated that the body of such person was never retrieved,” the petition said.

Leave a Reply

Your email address will not be published.